Kerala High Court
Latha vs State Of Kerala on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 21028 OF 2021
PETITIONER:
LATHA
AGED 62 YEARS
W/O.M.R.PRATHAPA CHANDRAN, MUNDAMATTAM HOUSE,
ARUNAPURAM P.O., KOTTAYAM DISTRICT 686 574
BY ADVS.
SRI K.C.VINCENT
SRI ALEXANDER K.C.
RESPONDENTS:
1 STATE OF KERALA
REP.BY THE SECRETARY, DEPARTMENT OF REVENUE,
THIRUVANANTHAPURAM 695 001
2 THE REVENUE DIVISIONAL OFFICER
CIVIL STATION, PALA, PALA P.O., KOTTAYAM 686 575
3 THE TAHSILDAR (RECORDS)
TALUK OFFICE, PALA, PALA P.O., KOTTAYAM 686 575
4 THE VILLAGE OFFICER
VILLAGE OFFICE, PULIYANNOOR, ARUNAPURAM P.O.,
KOTTAYAM 686 574
5 THE LOCAL LEVEL MONITORING COMMITTEE
RAMAPURAM, REP.BY THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, PALA, PALA P.O., KOTTAYAM 686 575
SRI. RAJEEV JYOTHISH GEORGE, GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.21028/2021
2
T.R. RAVI, J.
--------------------------------------------
W.P.(C)No.21028 of 2021
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Dated this the 24th day of March, 2022
JUDGMENT
This writ petition has been filed praying to quash Ext.P7
Circular dated 23.7.2021 and for a direction to the 2 nd respondent
to consider Ext.P2 application submitted by the petitioner under
Section 27A of the Kerala Conservation of Paddy Land and Wet
Land Act, 2008 for changing the nature of 3.11 Ares of land
belonging to him.
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.P6 Government Order dated
25.02.2021, no fee can be levied for conversion of areas less than
25 cents. It is further submitted that Ext.P7 Circular dated
23.7.2021 has already been set aside by a Division Bench of this
Court. The petitioner 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 disposed of
W.P.(C)No.21028/2021
directing the 2nd respondent to consider the application submitted
by the petitioner in accordance with Ext.P6 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 issued by the 2nd respondent
within two months from the date of receipt of a copy of this
judgment.
Sd/-
T.R. RAVI
JUDGE
dsn
W.P.(C)No.21028/2021
APPENDIX OF WP(C) 21028/2021
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DT. 7.9.2021
Exhibit P2 A TRUE COPY OF THE APPLICATION IN FORM 6
SUBMITTED ON 7.7.2020
Exhibit P3 A TRUE COPY OF THE REPORT FILED BY THE
AGRICULTURAL OFFICER DT. 27.7.2020
Exhibit P4 A TRUE COPY OF THE REPORT SUBMITTED BY THE
VILLAGE OFFICER DT. 8.1.2021
Exhibit P5 A TRUE COPY OF THE RELEVANT PAGES OF THE FINAL
DATA BANK DATED NIL
Exhibit P6 A TRUE COPY OF THE SRO NO.369/2021 DATED
25.2.2021 PUBLISHED IN THE GAZETTE DT.21.4.2021
Exhibit P7 A TRUE COPY OF THE CIRCULAR DT. 23.7.2021
