Kerala High Court
Geetha Kumary vs State Of Kerala on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 39287 OF 2023
PETITIONER:
GEETHA KUMARY, AGED 51 YEARS D/O THANKKAMMA,
PALANILKUNNATHIL VEETIL, KARAKKAD P.O, MULAKKUZHA
VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT., PIN -
689504
BY ADVS. AJITH MURALI SWAPNA VIJAYAN MOHANAN M.K.
RESPONDENTS:
STATE OF KERALA , REPRESENTED BY THE SECRETARY,
1 DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANATHAPURAM., PIN - 695001
THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT., PIN -
2
689645
THE REVENUE DIVISION OFFICER, REVENUE DIVISIONAL
3
OFFICE, ADOOR, PATHANAMTHITTA DISTRICT., PIN - 691523
THE VILLAGE OFFICER, PERINGANADU VILLAGE OFFICE,
4 PERINGANADU (PO)., PERINGANADU VILLAGE , ADOOR TALUK,
PATHANAMTHITTA DISTRICT., PIN - 691551
LOCAL LEVEL MONITORING COMMITTE REPRESENTED BY ITS
CONVENER, AGRICULTURAL OFFICER, KRISHIBHAVAN,
5
ADOOR , ADOOR TALUK , PATHANAMTHITTA DISTRICT.,
PIN - 691523
SMT.SHEEBA S,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.39287 of 2023
2
JUDGMENT
Dated this the 12th day of April, 2024
Petitioner is stated to be the owner in possession
of 8.09 Ares (22.072 cents) of property in Re.Sy.No.9/10-2 in
Block No.10 of Peringanadu Village in Adoor Taluk,
Pathanamthitta District. The petitioner had submitted
Ext.P4 application under Form 6 under the Kerala
Conservation of Paddy Land and Wetland Act, 2008
concerning the said property. The 3rd respondent issued
Ext.P5 notice directing the petitioner to make the payments
indicated in the said communication. The petitioner
challenges Ext.P5 notice on the ground that the extent of his
property is less than 25 cents and therefore there cannot be
any direction to make any payment.
2. Learned counsel for the petitioner submits that
the issue is covered by Ext.P6 judgment of this Court in
WP(C) No.3538 of 2023 dated 30.03.2023 wherein, it was
held that where the extent of land is less than 25 cents, the
same has to be considered without insisting on any fee.
3. In view of the above, Ext.P5 is quashed. There
WP(C) NO.39287 of 2023
will be a direction to the 3rd respondent to consider and
pass orders on Ext.P4 application under the 2008 Act
without insisting on payment of any fees as the extent of the
property is less than 25 cents. Orders shall be passed within
four months from the date of receipt of a copy of this
judgment.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
SSK/12/04
WP(C) NO.39287 of 2023
APPENDIX OF WP(C) 39287/2023
PETITIONER EXHIBITS
A TRUE COPY OF SETTLEMENT DEED NO.2182/2002 OF SRO
Exhibit-P1
ADOOR DATED 13.09.2002.
A TRUE COPY OF TAX RECEIPT ISSUED BY THE 4TH
Exhibit-P2
RESPONDENT DATED 27.04.2022.
A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY
Exhibit-P3
THE 4TH RESPONDENT DATED 6.5.2022.
Exhibit-P4 A TRUE COPY OF FORM-6 APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT DATED
23.03.2023.
A TRUE COPY OF NOTICE NO.1150/2023 DATED 04.10.2023
Exhibit-P5
ISSUED BY THE 3RD RESPONDENT.
THE TRUE COPY OF THE COMMON JUDGMENT IN W.P ©
Exhibit-P6
NO.3538/2023 AND CONNECTED CASE DATED 30.03.2023.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
