Kerala High Court
Dirsha K Mohammed 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. 19003 OF 2021
PETITIONERS:
1 DIRSHA K MOHAMMED,
AGED 32 YEARS
S/O. NOOR MOHAMMED, KALLIYATH HOUSE,
PALARIVATTOM P.O., MAMANGALAM,
ERNAKULAM DISTRICT.
2 IRBAHIM V.K.,
S/O. KUNJI MOHAMMED, AGED 62 YEARS,
VILAKKAPPATTU HOUSE, WEST VELIYATHUNADU P.O.,
KARUMALOOR VILLAGE, PARAVUR TALUK,
ERNAKULAM DISTRICT.
BY ADVS.SRI P.M.ZIRAJ
SRI C.M.DHANY
SRI IRFAN ZIRAJ
SRI RIZWANA T.N
SRI MOHEMED FAVAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE REVENUE DIVISIONAL OFFICER (RDO),
FORTKOCHI, ERNAKULAM DISTRICT-682001.
3 LOCAL LEVEL MONITORING COMMITTEE (LLMC),
ALANGAD GRAMA PANCHAYATH, REPRESENTED BY ITS
CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN,
ALANGAD, ERNAKULAM DISTRICT-683511.
4 THE VILLAGE OFFICER,
ALANGAD VILLAGE, ERNAKULAM DISTRICT-683518.
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, ALANGAD, ERNAKULAM DISTRICT-683511.
BY GOVT.PLEADER SRI B.S.SYAMANTHAK
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.19003/2021
2
T.R. RAVI, J.
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W.P.(C)No.19003 of 2021
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Dated this the 24th day of March, 2022
JUDGMENT
The 2nd petitioner is the owner of a property having an extent
of 3.84 Ares in Sy.No.497/9A-4 of Alangad Village. The 1 st
petitioner intends to purchase the property of the 2nd petitioner.
The 2nd petitioner has submitted Ext.P2 application before the 2 nd
respondent for changing the nature of the aforesaid 3.84 Ares of
land belonging to him. By Ext.P3 order, the 2nd petitioner was
directed to remit a sum of Rs.5,65,822/- for the purpose of
conversion of the land. Petitioners challenge the above order.
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.P4 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.P5 Circular dated
23.7.2021 has already been set aside by a Division Bench of this
Court. The petitioners rely 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
W.P.(C)No.19003/2021
in the contention raised by the petitioner.
In the above circumstances, the writ petition is allowed.
Ext.P3 is set aside. The 2nd respondent is directed to reconsider the
application submitted by the 2nd petitioner in accordance with
Ext.P4 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.
Sd/-
T.R. RAVI
JUDGE
dsn
W.P.(C)No.19003/2021
APPENDIX OF WP(C) 19003/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 28/07/2021
ISSUED BY THE FOURTH RESPONDENT.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF APPLICATION
DATED 12/03/2019 SUBMITTED BY THE SECOND
PETITIONER BEFORE THE SECOND RESPONDENT ALONG
WITH THE REPORTS OF FOURTH AND FIFTH
RESPONDENTS.
Exhibit P3 TRUE COPY OF THE ORDER DATED 14/12/2020 ISSUED
BY THE SECOND RESPONDENT TO THE SECOND
PETITIONER.
Exhibit P4 TRUE COPY OF THE CIRCULAR DATED 25/02/2021
ISSUED BY THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT.
Exhibit P5 TRUE COPY OF THE CIRCULAR DATED 23/07/2021
ISSUED BY THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT.
