Kerala High Court
Manoj M vs State Of Kerala on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 28186 OF 2023
PETITIONERS:
1 MANOJ M
AGED 53 YEARS, S/O LATE MADHAVAN M , VINAYAKA, HOUSE
NO.4/83, VIDYUTH NAGAR , PALAKKAD, PALAKKAD DISTRICT,
PIN - 678001
2 PREMALATHA V
AGED 48 YEARS, W/O MANOJ M , VINAYAKA, HOUSE NO.4/83,
VIDYUTH NAGAR , PALAKKAD, PALAKKAD DISTRICT, PIN - 678001
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
ALWIN JOSEPH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, PALAKKAD , PARAKKUNNAM,
VIDYUT NAGAR, PALAKKAD, KERALA, PIN - 678001
3 AGRICULTURAL OFFICER
KRISHI BHAVAN, PALAKKAD, CIVIL STATION,
PALAKKAD , KERALA, PIN - 678001
4 THE VILLAGE OFFICER
PALAKKAD-1 VILLAGE OFFICE, MELAMURI ,
PALAKKAD , KERALA, PIN - 678014
BY ADV
SMT.AMMINIKUTTY - SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.28186 OF 2023
2
JUDGMENT
Dated this the 23rd day of August, 2023
The writ petition is filed by the petitioners seeking to direct
the respondents to allow their application for changing the
nature of land in Revenue records without levying any fee.
2. The petitioners submit that the extent of land
possessed by the petitioners is less than 25 Cents. Therefore,
the petitioners are not liable to pay any fee for changing the
nature of the land in Revenue records, in view of the extant
Government orders. However, by Ext.P4, the petitioners have
been required to pay exorbitant fee.
3. I have heard the learned Counsel for the petitioners
and the learned Government Pleader representing the
respondents.
4. Ext.P2 sale deed, by which the petitioners have
come into possession of the property, is of the year 2021. The
extent of land conveyed by Ext.P1 is less than 25 Cents. The
W.P.(C) No.28186 OF 2023
immediate prior document of the same property has been
produced as Ext.P3. In Ext.P3 also the extent of land is less
than 25 Cents.
4. In view of the afore facts, the petitioners are entitled
to exemption from payment of any fee for making changes in
the nature of the land in Revenue records invoking Rule 12 of
the Kerala Conservation of Paddy Land and Wetland Rules.
In the circumstances of the case, the writ petition is
disposed of setting aside Ext.P4 and directing the
2nd respondent-Revenue Divisional Officer to pass appropriate
orders on the application of the petitioners within a period of
one month.
Sd/-
N.NAGARESH
JUDGE
ded
W.P.(C) No.28186 OF 2023
APPENDIX OF WP(C) 28186/2023
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT
DATED 13.07.2023 ISSUED FROM THE
PALAKKAD VILLAGE OFFICE TO THE
PETITIONER
EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.
2337/2021 OF OLAVACODE SRO DATED
24.11.2021
EXHIBIT P3 THE TRUE COPY OF THE SALE DEED NO.
4224/2007 OF OLAVACODE SRO DATED
07.12.2007
EXHIBIT P4 TRUE COPY OF THE SCREENSHOT OF THE
RELEVANT PAGE FROM THE WEBSITE OF THE
REVENUE DEPARTMENT EVIDENCING THE
DEMAND OF FEE FOR CONVERSION BY THE
RESPONDENT NO.2 ,
EXHIBIT P5 TRUE COPY OF THE SRO NO. 369/21 DATED
25.02.2021
EXHIBIT P6 TRUE COPY OF THE LETTER NO. REV-
P1/69/2022-REV DATED 07.05.2022 ISSUED
BY THE ADDITIONAL CHIEF SECRETARY TO
THE LAND REVENUE COMMISSIONER
EXHIBIT P7 TRUE COPY OF THE INTERIM-ORDER DATED
23.08.2022 IN W.P. (C) NO. 23903/2022
OF THIS HON'BLE COURT
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED
19.06.2023 IN W.P. (C) NO. 15349/2023
OF THIS HON'BLE COURT
