Kerala High Court
Sabu John vs State Of Kerala on 15 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 5061 OF 2022
PETITIONERS:
SABU JOHN
AGED 56 YEARS
S/O LOLAN ANTONY, PALAPARAMBIL HOUSE, KALOOR P.O.,
KOCHI - 682 017.
1
REPRESENTED BY POWER OF ATTORNEY HOLDER
SAJU VARGHESE,
S/O C.V. VARGHESE, CHAZHOOR HOUSE, PANAMPILLY NAGAR
P.O., KOCHI - 682 036.
BINDU VARGHESE,
W/O SABU JOHN,PALAPARAMBIL HOUSE, KALOOR P.O., KOCHI -
682 017.
2 REPRESENTED BY POWER OF ATTORNEY HOLDER
SAJU VARGHESE,
S/O C.V. VARGHESE, CHAZHOOR HOUSE, PANAMPILLY NAGAR
P.O., KOCHI - 682 036.
BY ADVS.
PHILIP T.VARGHESE
THOMAS T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
SHRUTHI SARA JACOB
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, REVENUE
1
DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM -
695 001.
2 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI - 682 001.
THE VILLAGE OFFICER, ELAMKULAM VILLAGE, KOCHI - 682
3
020.
BY SMT.PRINCY XAVIER-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.5061 OF 2022
2
JUDGMENT
Dated this the 15th day of February, 2022
This writ petition is filed challenging Ext.P4 notice of the
2nd respondent as also seeking a declaration that Exhibit P5
application dated 18.08.2021 submitted by the petitioner is
liable to be considered without collecting any fees in view of
the fact that the amendment carried out to the Act, the Rules
and the Schedule would enable the application for such
conversion to be considered without fees, where the extent of
the property is 25 cents or less. The learned counsel for the
petitioner submits that circular dated 23.07.2021 which stood
in the way of a consideration of applications without insisting
on payment of fees stands set aside by a Division Bench of this
Court in Baby v. District Collector [2021 (6) KLT 316].
2. Having heard the learned Government Pleader also, I
notice that the extent of the property sought to be converted
is only 2.25 Ares and therefore since circular dated 23.07.2021
stands set aside, the application is liable to be considered in
the light of Government Order dated 25.02.2021 and the
WP(C) NO.5061 OF 2022
amended provisions of the Kerala Conservation of Paddy Land
and Wetland Act, 2008. The demand of fees by Ext.P4 is
therefore unsustainable.
In the result, Ext.P4 is set aside. There will be a direction
to the 2nd respondent to take up Exhibit P5 application dated
18.08.2021 and consider and pass orders on the same, in
accordance with law, taking note of Government Order dated
25.02.2021 and the amended provisions of the Kerala
Conservation of Paddy Land and Wetland Act and Rules,
without reference to circular dated 23.07.2021, within a period
of two months from the date of receipt of a copy of this
judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SSK/15/02
WP(C) NO.5061 OF 2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.4115/2013
OF SRO, ERNAKULAM DATED 11.10.2013.
Exhibit P2 THE TRUE COPY OF THE SALE DEED NO.7105/2005
OF SRO, ERNAKULAM DATED 04.11.2005.
Exhibit P3 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONER DATED
14.09.2020.
Exhibit P4 THE TRUE COPY OF THE NOTICE
NO.RDOCHN/2884/2020K3 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONERS DATED
03.12.2020.
Exhibit P5 THE TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONERS TO THE 2ND RESPONPDENT DATED
18.08.2021.
Exhibit P6 TRUE COPY OF CIRCULAR NO.REV-P1/313/2021-REV
ISSUED BY THE 1ST RESPONDENT DATED
10.12.2021.
