Rahim P.B vs State Of Kerala
2022 Latest Caselaw 3070 Ker

WP(C) NO. 2177 OF 2022                  1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
 THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                      WP(C) NO. 2177 OF 2022
PETITIONER:

         RAHIM P.B.
         AGED 40 YEARS
         PIKKATHUPARAMBIL HOUSE, PANAYIKULAM,
         ALANGAD P.O., ERNAKULAM DISTRICT - 683 511.
          BY ADV SRI BINU PAUL

RESPONDENTS:

    1     STATE OF KERALA
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001
          REPRESENTED BY ITS SECRETARY.
    2     REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE,
          FORT KOCHI - 682 001.
    3     VILLAGE OFFICER
          VILLAGE OFFICE, ALANGAD,
          ERNAKULAM DISTRICT - 683 511.
    4     SECRETARY
          ALANGAD GRAMA PANCHAYAT, ALANGAD,
          ERNAKULAM DISTRICT - 683 511.
         R1 TO R3 BY SRI. B.S.SYAMANTHAK, GOVT.PLEADER
         R4 BY ADV SRI DINESH MATHEW J.MURICKEN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALY HEARD
ON 17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 2177 OF 2022                    2




                              T.R. RAVI, J.
              --------------------------------------------
                      W. P. (C). No.2177 of 2022
               --------------------------------------------
                Dated this the 17th day of March, 2022

                             JUDGMENT

The petitioner has submitted an application before the 2 nd

respondent for changing the nature of 3.64 Ares of land belonging

to him. By Ext.P2, the petitioner was directed to remit a sum of

Rs.3,64,000/- for the purpose of conversion of the land. Petitioner

challenges the above order. The petitioner was also directed to

stop any unauthorised construction in the area.

2. The counsel submits that the total extent of land sought

to be converted is less than 25 cents and going by the schedule to

the Act as amended by Ext.P1 Government order dated

25.02.2021, no fee can be levied for conversion of areas less than

25 cents. The petitioner also relies on the judgment of this Court

in W.P.(C)No.3797/2020 pursuant to which circular dated

10.12.2021 has been issued by the Revenue Department. I find

considerable force in the contention raised by the petitioner.

In the above circumstances, the writ petition is allowed.

Ext.P2 is set aside. The 2nd respondent is directed to reconsider the

application submitted by the petitioner in accordance with

Government Order dated 25.02.2021 and amendment of the

Schedule as also Circular dated 10.12.2021, without insisting on

the payment of any fee for conversion. Necessary orders shall be

passed by the 2nd respondent within three months from the date of

receipt of a copy of this judgment. Needless to say, once orders

are issued as directed above, Ext.P4 stop memo can no longer

survive.

                                                   Sd/-      Sd/-

                                                  T.R.RAVI
                                                   JUDGE

dsn




                 APPENDIX OF WP(C) 2177/2022

PETITIONER EXHIBITS
Exhibit P1     A TRUE PHOTOCOPY OF THE G.O.(RT)

NO.1166/2021/REVENUE DATED 25/02/2021 ISSUED BY THE GOVERNMENT OF KERALA.

Exhibit P2 A TRUE PHOTOCOPY OF THE NOTICE DATED 18/06/2021 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.

Exhibit P3 A TRUE PHOTOCOPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 23/07/2021 GRANTED BY THE 4TH RESPONDENT.

Exhibit P4 A TRUE PHOTOCOPY OF THE STOP MEMO DATED 15/01/2022 ISSUED BY THE 3RD RESPONDENT.