K.M.Varghese vs State Of Kerala
2022 Latest Caselaw 8327 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                      WP(C) NO. 24684 OF 2020
PETITIONER:

            K.M.VARGHESE
            AGED 53 YEARS
            KOIKKAPARAMBIL, KOZHENCHERRY, PATHANAMTHITTA.
            BY ADVS.
            K.P.SANTHI
            SMT.TARA PREM

RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            REVENUE DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.
    2       THE DISTRICT COLLECTOR,
            CIVIL STATION, PATHANAMTHITTA-689 645.
    3       THE TAHSILDAR,
            KOZHENCHERRY TALUK, KOZHENCHERRY,
            PATHANAMTHITTA-689 641.
    4       THE VILLAGE OFFICER,
            KOZHENCHERRY VILLAGE, KOZHENCHERRY,
            PATHANAMTHITTA-689 641.
            SMT.DEEPA NARAYANAN, SR.GP
     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   01.07.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.24684/2020

                                   2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.24684 of 2020
              ----------------------------------------------
             Dated this the 01st day of July, 2022


                            JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of certiorari or such other writ, direction or order quashing Exhibit P4 to the extend it directs payment under Section 27A(3) of Act 28 of 2008.

ii. Declare that the petitioner is not liable to pay conversion charges mandated under Section 27A(3) of Act 28 of 2008.

iii. Issue such other writ, direction or order as is deemed just and necessary in the facts, features and circumstances of the case.

(SIC)

2. The petitioner is the owner and title holder in

possession and enjoyment of 19.42 ares, 10.52 ares, 9.30 ares,

4.45 ares and 4.86 ares of land in Resurvey No.251/11,

251/12, 251/9, 251/10, 251/8, Block No. 36 of Kozhencherry

Village, Kozhencherry Taluk, Pathanamthitta District.

According to the petitioner, this land got automatically W.P.(C).No.24684/2020

converted much prior to 2008. The petitioner's land is

classified as converted land in Ext.P1 draft data bank.

Petitioner submitted Exhibit P2 seeking permission to develop

the land. At that time, the Village Officer informed that

necessary changes in Thandaper register has been made as

per Ext.P5. However, tax receipt for the year 2020 shows that

land is classified as wetland. The petitioner submitted Ext.P2

application dated 11-2-2017 under Clause 6(2) of the Kerala

Land Utilization Order before the 2nd respondent. Ext.P4 is the

order passed by the District Collector. The petitioner is

aggrieved only about the last portion of Ext.P4 order. It is

stated like this in the last portion of Ext.P4:

"For obtaining building permit the character of the land can be changed from paddy land to purayidam in view of the amended section 14 of the paddy & wet land Act r/w 27A3 of the amended paddy & wet land Act."

3. The learned counsel for the petitioner submitted

that the land is already converted before the year 2008. That

is mentioned in Ext.P3 judgment itself. In the light of the

same, such a condition in Ext.P4 is unsustainable.

Therefore, this writ petition is allowed in the following W.P.(C).No.24684/2020

manner:

1. Ext.P4 is set aside to the extent it directs

payment under Section 27A(3) of the Act 28 of

2008.

2. It is also declared that the petitioner is not

liable to pay conversion charges mandated

under Section 27A(3) of the Act 28 of 2008.

sd/-

                                      P.V.KUNHIKRISHNAN
JV                                           JUDGE
 W.P.(C).No.24684/2020





                 APPENDIX OF WP(C) 24684/2020

PETITIONER EXHIBITS
EXHIBIT P1        TRUE COPY OF THE RELEVANT PAGE OF THE
                  DRAFT DATA BANK
EXHIBIT P2        TRUE COPY OF THE APPLICATION DATED

11.2.2017 SUBMITTED TO 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 26.7.2017 IN WPC NO 9062OF 2017 EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED 23.3.2018 OF THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE LETTER DATED 28.6.2018 OF THE 4TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT DATED 15.9.2020 ISSUED BY THE 4TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 30.9.2020 SUBMITTED TO THE 2ND RESPONDENT