Leela Chacko vs State Of Kerala
2022 Latest Caselaw 3371 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                        WP(C) NO. 16257 OF 2021
PETITIONER:

          LEELA CHACKO
          AGED 60 YEARS
          W/O. C.P.CHACKO, CHELLATTU HOSUE, VADAKKUMBHAGOM,
          KOTTAPPADY P.O., ERNAKULAM-686 692.
          BY ADV AVANEESH KOYIKKARA
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2     THE LAND REVENUE COMMISSIONER
          COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE
          BUILDING, MUSEUM JN, THIRUVANANTHAPURAM-695 033.
    3     THE DISTRICT COLLECTOR,
          ERNAKULAM, COLLECTORATE, CIVIL STATION, KAKKANAD POST,
          ERNAKULAM DISTRICT, PIN-682 030.
    4     THE REVENUE DIVISIONAL OFFICER,
          MUVATTUPUZHA, REVENUE DIVISIONAL OFFICE, GROUND FLOOR,
          PATTIMATTOM, MUVATTUPUZHA P.O., ERNAKULAM-686 673.
    5     LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY ITS CONVENER AGRICULTURAL FIELD OFFICER,
          KRISHI BHAVAN, KOTHAMANGALAM,
          ERNAKULAM DISTRICT, PIN-686 691.
    6     AGRICULTURAL FIELD OFFICER
          KRISHI BHAVAN, KOTHAMANGALAM,
          ERNAKULAM DISTRICT, PIN-686 691.
          SMT.PRINCY XAVIER-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16257 OF 2021

                                      2


                               JUDGMENT

Dated this the 22nd day of March, 2022

This writ petition is filed seeking directions to the respondents to

consider the application submitted by the petitioner under Section 27A

of the Kerala Conservation of Paddy Land and Wetland Act, 2008 for

permission to use the property for other purposes. It is submitted by the

learned counsel for the petitioner that the property has been duly

removed from the data bank as is evident from Ext.P1 and that the

property has been converted long prior to 2008.

2. lt is submitted that the extent of the property is only 9.31 Ares and

that the respondents have issued Ext.P4 order dated 18.12.2021 to the

petitioner seeking an amount of Rs.1,39,650/- as fees for consideration

of the application. It is submitted by the learned counsel for the

petitioner that since the property of the petitioner has an extent of less

than 25 cents, the demand for fess is illegal and that the issue is covered

by the decision of this Court in Baby v. District Collector [2021 (6)

KLT 316]. It is submitted that the application submitted by the

petitioner as Ext.P2 may be directed to be considered without insisting WP(C) NO. 16257 OF 2021

on payment of fees.

3. Having heard the learned Government Pleader also, I notice that

the application submitted by the petitioner is in respect of 9.31 Ares of

land and the same is liable to be considered in accordance with law.

The respondents are therefore directed to take up Ext.P2, consider and

pass orders on the same, after verifying the nature and extent of the

property and after obtaining all due reports including from the Village

Officer, within a period of three months from the date of receipt of a

copy of this judgment. The contention of the petitioner that no fees is

liable to be paid is also to be considered and appropriate orders are to

be passed on the application in the light of the amended provisions of

the 2008 Act, the Rules and the Fee Schedule appended thereto as well

as the Government Order dated 25.02.2021 and without reference to the

Circular dated 23.07.2021.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 16257 OF 2021

APPENDIX OF WP(C) 16257/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A COPY OF THE REPORT OF THE AGRICULTURAL FIELD OFFICER Exhibit P2 THE TRUE COPY OF FORM.6 APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 26.6.2021 ALONG WITH ITS FEE PAYMENT CHALLAN DATED 25.6.2021 AND POSTAL ACKNOWLEDGMENT CARD.

Exhibit P3 A COPY OF THE LETTER NO.K-28/21 DATED 28.09.2021 ISSUED BY THE AGRICULTURAL OFFICER, KOTHAMANGALAM.

Exhibit P4 A COPY OF THE ORDER NO.A11-9291/21 DATED 18.12.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P5 A COPY OF THE LETTER DATED 14.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS: NIL