V.K. Pappachan vs The Revenue Divisional Officer
2023 Latest Caselaw 6289 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                     WP(C) NO. 9002 OF 2023
PETITIONER:

         V.K. PAPPACHAN
         S/O KURIAN, R/AT VITHYATHIL HOUSE,
         KONGORPPILLY P.O., ERNAKULAM -683525 - 683525

         BY ADVS.
         KODOTH SREEDHARAN
         ANTO J. ALAPPATT


RESPONDENTS:

    1    THE REVENUE DIVISIONAL OFFICER
         OFFICE OF THE RDO, KOCHI, ERNAKULAM - 682001
    2    THAHASILDAR
         PARAVUR THALUK OFFICE,
         POLICE STATION ROAD, NORTH PARAVUR - 683 511
    3    VILLAGE OFFICER
         ALANGAD, ALANGAD.P.O.,
         ERNAKULAM - 683 511
    4    THE AGRICULTURAL OFFICER
         ALANGAD, ALANGAD.P.O.,
         ERNAKULAM, PIN - 683511


         SMT.AMMINIKUTTY- SR.GP


     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 12.06.2023,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.9002 of 2023

                               2




                            JUDGMENT

Dated this the 12th day of June, 2023

The petitioner is the absolute owner in possession of

0.0445 Hectare of garden land in Survey No.65/5-1-8 of

Alangad Village in Paravur Taluk. The property is dry land,

where no agricultural activities are possible and therefore not

included in the Data Bank prepared under the Kerala

Conservation of Paddy Land and Wetland Act, 2008.

2. The petitioner states that he is intending to use the

property for other purposes and hence, he preferred Ext.P5

application in Form-6, invoking Section 27A of the Act, 2008.

Since the land is less than 25 Cents in extent, the petitioner is

entitled to get the benefit of Ext.P8 Government Order.

Denying the benefit by referring to Ext.P9 Circular, which was

held unconstitutional by the Division Bench of this Court in

Baby v. District Collector [2021 (6) KLT 316], is illegal. WP(C) No.9002 of 2023

However, the 1st respondent-Revenue Divisional Officer has

issued Ext.P6 order insisting on payment of ₹39,16,000/-.

3. Government Pleader entered appearance on behalf

of the respondents and resisted the writ petition. The

petitioner has submitted an application to change the nature

of the land in Revenue records, invoking the provisions of the

Kerala Conservation of Paddy Land and Wetland Rules, 2008.

The Rules, 2008 make provision for levy of fees while

effecting change of nature of the land. After making an

application for change in the nature of the land, the petitioner

cannot be heard to contend that the petitioner is not liable to

pay any fee at all.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

5. Ext.P8 Government Order dated 25.02.2021

provides that for change of nature of the land, the extent of

which is upto 25 Cents, the change should be permitted WP(C) No.9002 of 2023

without levying any fee. For land having an extent above 25

Cents and upto 1 Acre, 10% of the Fair Value of the land

should be paid as fees. For those who are applying for

change of nature of land having extent of more than 1 Acre,

20% fee has to be paid.

6. Ext.P9 Circular dated 23.07.2021 would indicate

that the Government had taken a decision that in respect of

those applications for change of nature of land filed prior to

30.12.2017, the benefit of Ext.P8 Government Order dated

25.02.2021 need not be given. A Division Bench of this Court

considered the validity of Ext.P9 Circular in Baby v. District

Collector [2021 (6) KLT 316] and this Court set aside Ext.P9

Circular.

7. The petitioner has submitted his application on

17.06.2023. In view of the law laid down by this Court and in

view of quashing of Ext.P9 Circular dated 23.07.2021 and

since the petitioner's land is having an extent of less than 25

Cents, the petitioner is not liable to pay any fees for WP(C) No.9002 of 2023

conversion of land.

In view of the above, the writ petition is disposed of

directing the 1st respondent-Revenue Divisional Officer to

reconsider Ext.P5 application submitted by the petitioner in

the light of the law laid down by this Court and pass orders

afresh, within a period of two months.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.9002 of 2023

APPENDIX OF WP(C) 9002/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DOCUMENT NO.2666/82 OF SRO ALANGAD DATED 31/5/1982 Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 6/02/2022 Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 18/11/2021 Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA BANK Exhibit P5 TRUE COPY OF ONLINE APPLICATION DATED 16/02/2022 Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP.

(C).19005/2022 DATED 13/6/2022 Exhibit P7 TRUE COPY OF THE ORDER BY RDO DATED 02/03/2023 Exhibit P8 TRUE COPY OF THE GAZETTE NOTIFICATION SRO.NO.369/2021 DATED 25/02/2021 Exhibit P9 TRUE COPY OF THE CIRCULAR NO.P1/117/2021 DATED 23/7/2021