Kerala High Court
Paulson vs State Of Kerala on 16 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
WP(C) NO. 26884 OF 2023
PETITIONER:
PAULSON
AGED 65 YEARS
S/O.ANTONY,
CHAKKALAKKAL HOUSE, KALLETTUMKARA P.O.,
THAZHEKKAD, THRISSUR, PIN - 680683
BY ADV M.SREEKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
IRINJALAKKUDA NORTH P.O.,
IRINJALAKKUDA, PIN - 680125
BY ADV.
K.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.26884 of 2023
-:2:-
BECHU KURIAN THOMAS, J.
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W.P.(C).No.26884 of 2023
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Dated this the 16th day of October, 2023
JUDGMENT
Petitioner claims to be the owner of an extent of 7.69 Ares of
property in Survey No.484/1-2 of Block No.25 of Kallettumkara
Village, Chalakudy Taluk, Thrissur District. The aforesaid property
has not been included in the data bank. However, in the Basic Tax
Register, the land is classified as 'Nilam'. The property is thus an
unnotified land. Petitioner applied in Form 6 under Section 27A of
the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for
short, 'the Act') to change the nature of unnotified land. By a
communication dated 01.06.2023, the 2nd respondent directed the
petitioner to pay a conversion fee under Section 27A(3)of the Act.
2. Sri. M.Sreekumar, the learned counsel for the petitioner,
contended that no conversion fee is payable for an extent of land
less than 25 cents and therefore, the demand is without any basis.
3. Smt. K.Amminikutty, the learned Senior Government
Pleader, on the other hand, submitted that the prior title deeds as
well as that of the petitioner's title deed are required to be verified,
W.P.(C).No.26884 of 2023
and if the extent is above 25 cents, the conversion fee is liable to be
paid.
4. In the decision in Sumesh U. v. Revenue Divisional
Officer Palakkad [2023 (3) KHC 431], this Court has already
observed that a conversion fee is not payable for an extent of land
less than 25 cents under Section 27A of the Act. Further, in the
decision in Baby v. District Collector [2021 (6) KLT 316], the
Circular No.169/2022 was held to be unconstitutional. Thus, based
on the legal principles laid down in the above decisions, an applicant
under Section 27A of the Act is not liable to pay any conversion fee
to the extent of 25 cents.
5. In the circumstances, petitioner's title deed, including those
of his predecessor-in-title, is to be verified to assess whether any of
them possessed an extent of land above 25 cents as on 30-12-2017.
If, on such verification, the extent is less than 25 cents, then no fee
shall be payable. Ext.P4 notice has been issued without bearing in
mind the above legal principles and hence it is liable to be set aside.
6. Accordingly, I set aside Ext.P4 and direct the 2nd
respondent to consider and pass appropriate orders on the
petitioner's application under Form 6 of the Rules, bearing in mind
the principles laid down in the decision in Baby's case (supra) and
W.P.(C).No.26884 of 2023
Sumesh's case (supra), as expeditiously as possible, at any rate,
within a period of two months from the date of receipt of a copy of
this judgment.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/16.10.23.
W.P.(C).No.26884 of 2023
APPENDIX OF WP(C) 26884/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PARTITION DEED
NO.1951/1/91 OF SUB REGISTRY OFFICE,
KALLETTUMKARA DATED 24.07.1991.
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
17.09.2021.
Exhibit P3 TRUE COPY OF APPLICATION FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
DATED 26.03.2022.
Exhibit P4 TRUE COPY OF THE NOTICE DATED
01.06.2023 BEARING FILE NO.3438/2023
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER.
