Hasib Mohammad. H vs State Of Kerala
2023 Latest Caselaw 10392 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                        WP(C) NO. 31943 OF 2023
PETITIONER :

          HASIB MOHAMMAD H.,
          AGED 37 YEARS,
          S/O MUHAMMAD HANEEF, MULLATHUVALAPPU HOUSE,
          THIRUVAMBADI P.O., THIRUVAMBADI, ALAPPUZHA,
          PIN - 688 002

          BY ADVS.
          M.JAYAKRISHNAN
          SHAJI MATHEW N.M.
          VIJAYAN NAIR G.
          REMYA VARMA N.K



RESPONDENTS :

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR
          ALAPPUZHA DISTRICT, FIRST FLOOR,
          COLLECTORATE, ALAPPUZHA, KERALA,
          PIN - 688001

    3     REVENUE DIVISIONAL OFFICER (SUB COLLECTOR)
          REVENUE DIVISIONAL OFFICE,
          OPPOSITE TO DISTRICT COURT COMPLEX,
          SH40, THODANKULANGARA, ALAPPUZHA,
          PIN - 688 013

    4     THE VILLAGE OFFICER,
          ALAPPUZHA WEST VILLAGE OFFICE,
          BAZAR P.O., ALAPPUZHA, PIN - 688 012

    5     LOCAL LEVEL MONITORING COMMITTEE,
          ALAPPUZHA MUNICIPALITY, ALAPPUZHA P.O.,
          ALAPPUZHA, PIN - 688 001
 WP(C) NO. 31943 OF 2023
                                       2

             BY ADV Azad Babu R


             BY SMT.N.DEEPA, SENIOR GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   30.09.2023,   THE   COURT    ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 31943 OF 2023
                                     3

                    BECHU KURIAN THOMAS, J.
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=
                     W.P.(C) No.31943 of 2023
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=
             Dated this the 30th day of September, 2023


                                  JUDGMENT

Petitioner is the owner of an extent of 1.92 Ares of property in

Resurvey No.187/7-2-3 of Block No.61 of Alappuzha West Village,

Ambalappuzha Taluk, Alappuzha District. His application under Form 6 of

the Kerala Conservation of Paddy Land and Wetland Rules, 2008 has not

been considered by the 3rd respondent. Even though the Village Officer

reported that since the extent of property of the petitioner is less than 25

cents, he is entitled to have his application considered without payment of

any conversion fee, the 3rd respondent has issued Ext.P7 communication

directing the petitioner to produce the relevant documents for identifying

the fair value of the property.

2. In the decision in Sumesh U. v. Revenue Divisional Officer,

Palakkad [2023 (3)KHC 431], this Court has already observed that the

property having an extent of less than 25 cents as on 30.12.2017 cannot

be imposed with any fee for conversion.

3. Since, petitioner's property has an extent of less than 25 cents

as on 30.12.2017 as reported by the Village Officer in Ext.P6, the

direction to produce appropriate documents to identify the fair value of

land indicates that the 3 rd respondent is proceeding to impose a WP(C) NO. 31943 OF 2023

conversion fee on the petitioner. Such a process is contrary to law.

Therefore, it is necessary to issue a direction to the 3 rd respondent to

complete the process pursuant to Ext.P5 application under Form 6 of the

Rules.

4. In the circumstances, there will be a direction to the 3 rd

respondent to consider and pass appropriate orders on Ext.P5 application,

as expeditiously as possible, at any rate, within a period of one month

from the date of receipt of a copy of this judgment bearing in mind the

decision of this Court in Sumesh's case (supra).

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM WP(C) NO. 31943 OF 2023

APPENDIX OF WP(C) 31943/2023

PETITIONER'S EXHIBITS :

Exhibit P1 A TRUE COPY OF THE SALE DEED NO. 779/1/12 OF ALAPPUZHA REGISTRAR OFFICE DATED 15.02.2012

Exhibit P2 A TRUE COPY OF THE SALE DEED NO. 1180/2019 DATED 29.03.2019 OF ALAPPUZHA REGISTRAR OFFICE

Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 26.06.2020

Exhibit P4 A TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE ALAPPUZHA MUNICIPALITY DATED 30.05.2019

Exhibit P5 A TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 02.03.2021

Exhibit P6 A TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 04.05.2021

Exhibit P7 A TRUE COPY OF THE LETTER NO. M. 3975/2021 DATED 11.05.2021 ISSUED BY THE 3RD RESPONDENT