Rasheeda T.P vs District Collector
2023 Latest Caselaw 4004 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                     THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

              THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945

                                WP(C) NO. 7880 OF 2023

PETITIONER:

               RASHEEDA T.P.,
               AGED 48 YEARS,
               W/O MUJEEBRAHMAN,
               CHARUPADIKKAL HOUSE,
               CHERUVANNUR, KOLATHARA P.O,
               KOZHIKODE, PIN - 673 020.

               BY ADV BEN TOM



RESPONDENTS:

     1         DISTRICT COLLECTOR,
               KOZHIKODE, CIVIL STATION,
               ERNAHIPPALAM, KOZHIKODE, PIN - 676 517.
     2         REVENUE DIVISIONAL OFFICER,
               KOZHIKODE, RDO OFFICE, CIVIL STATION,
               ERNAHIPPALAM, KOZHIKODE, PIN - 676 517.
     3         TAHSILDAR,
               KOZHIKODE, KOZHIKODE TALUK OFFICE,
               CIVIL STATION, ERNAHIPPALAM,
               KOZHIKODE, PIN - 676 517.
     4         VILLAGE OFFICER,
               PANNIYANKARA, PANNIYANKARA VILLAGE OFFICE,
               PANNIYANKARA,
               KOZHIKODE, PIN - 673 003.




               SMT.PARVATHY.K-GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2023, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7880 OF 2023

                                     2




                                JUDGMENT

Dated this the 30th day of March, 2023

This writ petition is filed seeking the following

reliefs:-

"(I) Issue a writ of certiorari or any other appropriate writ calling for the records that led to the issuance of Exhibit P4 letter and to quash or set aside the Exhibit P4 letter.

(II) Issue a Writ of mandamus or any other appropriate Writ directing the respondent No.2 to expediently pass an order, allowing the petitioner to change the nature of the unnotified landed property having an extent of 7.81 Ares of land in Block No.005, Sy.No.531/9 of Panniyankara Village in Kozhikode Taluk of Kozhikode District; without insisting for any fee, within a time frame laid down by this Honourable Court."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader appearing for the

respondents.

3. It is submitted by the learned counsel for the

petitioner that the petitioner is the owner in

possession of 7.81 Ares of land in Block No.005,

Sy.No.531/9 of Panniyankara Village in Kozhikode Taluk

of Kozhikode District.

WP(C).No.7880 OF 2023

4. It is submitted that the petitioner had submitted

an application in 'Form 6' under Section 27 A of the

Kerala Conservation of Paddy Land and Wet Land Act,

2008 (for short, "The Act") before the 2nd respondent

for utilizing the land for other purpose. In Ext.P3, this

Court directed the 2nd respondent to consider and pass

orders on Ext.P2. In the light of Ext.P3, the 2nd

respondent issued Ext.P4 letter to the petitioner

directing the petitioner to pay a fee of Rs.6,18,790/-

(Rupees Six Lakh eighteen thousand seven hundred

and ninety only) for consideration of the application. It

is submitted by the learned counsel for the petitioner

that since the property in question is having an extent

of 7.81 Ares of land, the petitioner is not liable to pay

any amount as fee for utilizing the land under Section

27 A of the said Act. The learned counsel for the

petitioner would also rely on the judgment of the

Division Bench of this Hon'ble Court in Baby v.

District Collector [2021 (6) KHC 318] in support of

this contention.

WP(C).No.7880 OF 2023

5. In view of the assertions made by the learned

counsel for the petitioner, I notice that the extent of

the property in question being only 7.81 Ares, the

petitioner would be entitled to the benefit of the

amendment dated 25.02.2021. However, Ext.P4 has

been issued on 28.02.2023 requiring the petitioner to

pay an amount of Rs.6,18,790/- as fee for the use of

the property for other purposes.

6. In the light of the judgment of a Division Bench of

this Court in Baby v. District Collector [2021 (6)

KHC 318] setting aside the circular dated 23.07.2021,

I am of the opinion that the issue requires a

reconsideration. Ext.P4 is, therefore, set aside. There

will be a direction to the 2nd respondent to take up

Ext.P2 application submitted by the petitioner and to

consider and pass orders on the same within a period

of three weeks from the date of receipt of a copy of

this judgment without insisting on the payment of the

fees.

WP(C).No.7880 OF 2023

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

ak WP(C).No.7880 OF 2023

APPENDIX OF WP(C) 7880/2023

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 18.04.2022.

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 03.09.2022.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 32323 OF 2022 DATED 12.10.2022.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION LETTER DATED 28.02.2023.

EXHIBIT P5 TRUE COPY OF THE CIRCULAR DATED 10.12.2021.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 3804 OF 2023 DATED 06.02.2023.