V.P. Ramesh vs State Of Kerala
2023 Latest Caselaw 2824 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                        WP(C) NO. 6719 OF 2023
PETITIONERS:

    1     V.P. RAMESH
          AGED 52 YEARS
          VARUNAPPUZHAPARAMBIL HOUSE, EDAPPALLY P.O,
          VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT, PIN - 682024
    2     VENKITESH H.PAI
          AGED 50 YEARS
          S/O. HAREENDRANATH, HOUSE NO. 16
          JOURNALIST NAGAR, PIPELINE ROAD, THRIKKAKKARA P.O,
          ERNAKULAM DISTRICT, PIN - 682021
          BY ADVS.
          ANOOP.V.NAIR
          E.ADITHYAN
          MEERA RAMESH
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001
    2     SUB COLLECTOR
          FIRST FLOOR, KB JACOB RD, FORT KOCHI,
          ERNAKULAM DISTRICT, PIN - 682001
    3     THE SENIOR SUPERINTENDENT,
          REVENUE DIVISION OFFICE, FORT KOCHI
          FIRST FLOOR, KB JACOB RD, FORT KOCHI,
          ERNAKULAM DISTRICT, PIN - 682001
    4     THE SPECIAL VILLAGE OFFICER
          VILLAGE OFFICE RD, VENNALA,
          ERNAKULAM DISTRICT, PIN - 682028
    5     THE COMMISSIONER OF LAND REVENUE
          OFFICE OF THE COMMISSIONER OF LAND REVENUE,
          PUBLIC OFFICE BUILDING, MUSEUM ROAD,
          OPPOSITE ZOO, VIKHAS BHAVAN P.O,
          THIRUVANANTHAPURAM -, PIN - 695033
    6     THE REVENUE DIVISIONAL OFFICER
          FORT KOCHI, FIRST FLOOR, KB JACOB RD,
          FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001
    7     THE TAHSILDAR (LR)
          GROUND FLOOR, KB JACOB RD, FORT KOCHI,
          ERNAKULAM DISTRICT, PIN - 682001
 WP(C) NO. 6719 OF 2023

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     8      THE SUB TREASURY OFFICER
            PWD OFFICE COMPLEX, KOCHI - SALEM HWY,
            NEAR METRO PILLAR 337, PATHADIPALAM, EDAPPALLY,
            ERNAKULAM DISTRICT, PIN - 682024
            SRI.APPU.P.S-GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6719 OF 2023

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                              JUDGMENT

Dated this the 1st day of March, 2023

The petitioners have approached this Court challenging Ext.P3

notice issued to the petitioners dated 21.10.2020 by which they were

required to pay an amount of Rs.54,60,000/- for the consideration of

Form 6 application for conversion of an extent of 3.64 Ares of land.

The learned counsel for the petitioners submits that the issue stands

squarely covered by Exts.P4 and P5 judgments of Division Bench of

this Court and that the respondents were not justified in demanding any

fee for the conversion of property having an extent of less than 25

cents. It is submitted that the demand raised is absolutely illegal and

unsustainable.

2. The learned Government Pleader submits that the demand raised

by Ext.P3 notice dated 21.10.2020 was in terms of the Circular dated

23.07.2021. It is submitted that though the said Circular has been found

to be inapplicable by this Court, the petitioners had not approached this

Court in time and had also not approached the respondents seeking re- WP(C) NO. 6719 OF 2023

fixation of the fee or the cancellation of the notice.

3. Having considered the contentions advanced and in view of the

delay pointed out by the learned Government Pleader, there will be a

direction that in case the petitioners submit a representation before the

2nd respondent pointing out the illegality in raising a demand for fee in

respect of 3.64 Ares of property, the same shall be considered taking

specific note of Ext.P5 judgment of this Court. If the petitioners

approach the 2nd respondent within two weeks from today, the

representation shall be considered, taking specific note of Ext.P5

judgment and appropriate orders passed within a period of three weeks

from the date of receipt of such representation.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 6719 OF 2023

APPENDIX OF WP(C) 6719/2023

PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT NO.

KL07022402507/2020 DATED 06/03/2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE ORDER BEARING NO. K2-3215/20 DATED 30/09/2020 ISSUED BY 2ND RESPONDENT Exhibit P3 TRUE COPY OF NOTICE BEARING NO. K2-3215/2020, DATED 21/10/2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P4 A COPY OF THE JUDGEMENT IN W.A. 1391/2022, DATED 13.10.2022 HELD BY THIS HON'BLE COURT Exhibit P5 TRUE COPY OF THE JUDGMENT IN THE CASE OF BABY M.K & OTHERS VS. DISTRICT COLLECTOR, EKM & ORS REPORTED IN 2021 (6) KLT 316, DATED 22.10.2021 RESPONDENTS' EXHIBITS: NIL