Kerala High Court
State Of Kerala & Others vs Lilli Kutty on 15 September, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
RP NO. 841 OF 2022
AGAINST THE ORDER/JUDGMENT IN WP(C) 152/2022 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 TO 5 IN W.P.(C):
1 STATE OF KERALA REPRESENTED BY THE
SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE
GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR
KOLLAM COLLECTORATE
KOLLAM, PIN - 691013
3 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE
PUNALUR, KOLLAM, PIN - 691305
4 TAHSILDAR
TALUK OFFICE
PUNALUR
KOLLAM DISTRICT, PIN - 691305
5 VILLAGE OFFICER
VILLAGE OFFICE
ANCHAL
ANCHAL P.O
KOLLAM DISTRICT, PIN - 691305
BY ADVS.
GOVERNMENT PLEADER
PUBLIC PROSECUTOR
RESPONDENT/PETITIONER IN W.P.(C):
LILLI KUTTY
W/O KUNJU NINAN,
ANITHA BHAVAN,
MAVILA,
RP NO. 841 OF 2022
2
AREEPLACHI P.O,
PUNALUR,
KOLLAM DISTRICT, PIN - 691333
BY ADV ANCHAL C.VIJAYAN
SRI.K.M.FAISAL, GP
THIS REVIEW PETITION HAVING COME UP FOR
ADMISSION ON 15.09.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RP NO. 841 OF 2022
3
P.V.KUNHIKRISHNAN, J
-------------------------------
R.P.No. 841 Of 2022
in
W.P (C)No.152 of 2022
--------------------------------
Dated this the 15th day of September, 2022
ORDER
The above Review Petition is filed to review
the judgment dated 27.06.2022 in W.P.(C)No.152
of 2022. The main contentions raised in the Review
Petition is that, as per the amendment of Finance
Act in the year 2020 dated 11.09.2020 Section 2
Clause (VIA) of the Kerala Conservation of the
Paddy Land and Wet Land Act was amended. The
amended definition of Fair Value in the Act is that
the fair value means the fair value of garden land
adjacent to the unnotified land for which fair value
has been fixed under Section 28A of the Kerala
Stamp Act 1959 (17 of the 1959) or where such
RP NO. 841 OF 2022
fair value has not been fixed for such land, the fair
value fixed for similar and similarly situated garden
land. Admittedly, the above amendment came into
force only with effect from 01.04.2020. The
application in this case was submitted by the writ
petitioner on 23.12.2019. This point is considered
by this Court in Georgekutty Thomas v.
Revenue Divisional Officer [2021 (5) KLT 156].
In Georgekutty's case (supra), this Court clearly
stated that the amendment has been given
retrospective effect only from 01.04.2020 and it
can be applied for applications for change of user
of land filed on or after 01.04.2020. If that is the
case, there is no question of applicability of the
amendment in the facts of this case.
2. The learned Government Pleader
submitted that Ext.P9 order was passed on
20.12.2021. But Ext.P9 is an order passed in an
RP NO. 841 OF 2022
application filed on 23.12.2019. Therefore, the
amendment is not applicable in the case of the writ
petitioner. Therefore, there is nothing to review
the judgment.
Accordingly, the Review Petition is dismissed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
RP NO. 841 OF 2022
APPENDIX OF RP 841/2022
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF GO.REV-P1/248/2019-
REV DATED 17.2.2020
ANNEXURE B TRUE COPY OF THE RELEVANT PAGES OF
AMENDED PORTION OF THE KERALA
FINANCE(NO.2) ACT 8 OF 2020
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
