Preethy Chandran vs State Of Kerala
2023 Latest Caselaw 11261 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                        THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

          FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945

                               WP(C) NO. 28637 OF 2021

PETITIONER:

                PREETHY CHANDRAN,AGED 52 YEARS
                W/O. KRISHNAKUMAR, GOKULAM HOUSE, CHEPPAD P.O, ALAPPUZHA
                DISTRICT.

                BY ADVS.
                PEEYUS A.KOTTAM
                HRITHWIK D. NAMBOOTHIRI


RESPONDENTS:

     1          STATE OF KERALA,
                REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
                TRIVANDRUM 695 001.

     2          SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
                TRIVANDRUM-695 001

     3          SECRETARY,DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM 695 001.

     4          THE DISTRICT COLLECTOR,CIVIL STATION, CIVIL STATION WARD,
                ALAPPUZHA , PIN 688 001.

     5          THE REVENUE DIVISIONAL OFFICER,OFFICE OF THE REVENUE
                DIVISIONAL OFFICER, MAVELIKKARA , KOZHENCHERY ROAD -SH 10,
                CHENGANNUR, KERALA 689 121.

     6          THE VILLAGE OFFICER,CEHPPAD VILLAGE OFFICE, MUTTOM ,
                CHEPPAD RD, MUTTOM, KERALA 690 511.


OTHER PRESENT:

                SR.GP - ASHWIN SETHUMADHAVAN


         THIS    WRIT     PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON

27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     VIJU ABRAHAM,J
               -----------------------
              W.P.(C).No.28637 of 2021
          ---------------------------------
       Dated this the 27th day of October, 2023

                                JUDGMENT

Petitioner has approached this Court

challenging Ext.P3 wherein the petitioner was

directed to remit an amount of Rs.7,09,920/- for

further consideration of Ext.P2 Form 6 application

under Section 27(A) of the Act 2008.

2. Petitioner is the owner in possession of

35.56 Ares of property in Re-Survey No.61/13 in

Block No.14 of Cheppad Village. Even though this

property is lying as a converted land since last

more than 50 years, still this property is

described as 'Nilam' in the basic tax receipt.

3. Though the petitioner has taken various

contentions he limited his reliefs of exemption to

the extent of 25 cents as declared by this Court

in State of Kerala v. Moushmi Ann Jacob (2023 (5)

KHC 337).

4. Heard the learned Senior government Pleader

also.

5. This Court in Moushmi Ann Jacob's case held

that fee need be paid only in respect of property

in excess of 25 cents. In view of the declaration

of law as above by the Division Bench of this

Court in the case cited supra, I am of the opinion

that the petitioner is entitled for the said

relief. Therefore, Ext.P3 is set aside directing

the 5th respondent to reconsider Ext.P2 in the

light of the judgment in Moushmi Ann Jacob's case

cited supra, and grant exemption from payment of

fee in respect of 25 cents of land. While taking a

decision as directed above, petitioner shall also

be given an opportunity of being heard and

petitioner will be free to raise all his

contentions with regard to the fixation of fair

value. A decision in this regard shall be taken

within an outer limit of two months from the date

of receipt of a copy of this judgment.

sd/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF WP(C) 28637/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX IN THE NAME OF THE PETITIONER FOR THE YEAR 2020-21 ALONG WITH OTHER PROPERTIES.

Exhibit P2 THE TRUE COPY OF THE APPLICATION IN FORM 6 SUBMITTED BY THE PETITIONER DATED 08.02.2021.

Exhibit P3 TRUE COPY OF THE ORDER BEARING NO. A1-

2964/21 DATED 17.11.2021 ISSUED BY THE REVENUE DIVISIONAL OFFICER.

Exhibit P4 TRUE COPY OF THE REPORT DATED 17.03.2021 OF THE VILLAGE OFFICER/6TH RESPONDENT SUBMITTED TO THE REVENUE DIVISIONAL OFFICER.

Exhibit P5 TRUE COPY OF THE FAIR VALUE FIXED BY THE GOVERNMENT PETAINING TO PETITIONER'S PROPERTY IN SY. NO. 61/13 AND PROPERTY IN SY. NO. 61/12 IN BLOCK NO. 14 OF CHEPPAD VILLAGE.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P.C NO.

10918/2020 (KS JOSHY AND ORS. V. STATE OF KERALA AND ORS.) DATED 04.06.2020.

Exhibit P7 TRUE COPY OF THE KERALA FINANCE (NO.12) ACT, 2020 WHICH CAME INTO FORCE ON 01.04.2020.

Exhibit P8 TRUE COPY OF THE TABLE FIXING THE FEES AS PER RULE 12(9) OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND (REGULARISATION OF UNAUTHORIZED RECLAMATION) RULES, 2018.

Exhibit P9 TRUE COPY OF THE GOVERNMENT ORDER NO.

1166/2021/REVENUE DATED 25.02.2021, REPLACING EXT. P8 FEES SCHEDULE.

Exhibit P10 TRUE COPY OF THE CIRCULAR NO. REVENUE P1/117/2021- REV. DATED 23.07.2021

ISSUED BY THE ADDITIONAL CHIEF SECRETARY, REVENUE.

RESPONDENT EXHIBITS

Exhibit R5(a) True copy of the SRO No.266/20 dated 31-03-2020