Prakash.S vs The State Of Kerala
2024 Latest Caselaw 5250 Ker

Kerala High Court

Prakash.S vs The State Of Kerala on 15 February, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                        WP(C) NO. 3703 OF 2024
PETITIONER:

               PRAKASH.S,
               AGED 37 YEARS
               S/O. A.SASIKUMAR, SASEENDRAM, APRA 49, TC-
               50/305(4), KALADY, KARAMANA.P.O,
               THIRUVANANTHAPURAM-, PIN - 695002
               BY ADV K.M.MUHAMMED HUSSAIN


RESPONDENTS:

    1          THE STATE OF KERALA,
               REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001
    2          THE SECRETARY
               REVENUE DEPARTMENT GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM,, PIN - 695001
    3          THE DISTRICT COLLECTOR,
               THIRUVANANTHAPURAM DISTRICT, CIVIL STATION,
               THIRUVANANTHAPURAM-695043., PIN - 695043
    4          REVENUE DIVISIONAL OFFICER,
               OFFICE OF THE REVENUE DIVISIONAL OFFICER, CIVIL
               STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN
               - 695043
    5          THE TAHSILDAR,
               THIRUVANANTHAPURAM TALUK,, PIN - 695003
    6          THE VILLAGE OFFICER,
               MANAKKAD VILLAGE , THIRUVANANTHAPURAM, PIN -
               695009
OTHER PRESENT:

               SR.GP.SMT.K.AMMINIKUTTY


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   15.02.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 3703 OF 2024
                                   2



                          JUDGMENT

The petitioner has filed this writ petition seeking a

refund of the amount paid by him towards conversion

fee pursuant to Ext.P5 order, allowing change of nature

of land covered by Ext.P1 deed. According to the

petitioner, since the extent of property sought to be

converted is less than 25 cents, he is not liable to pay

the conversion charges as per Section 27A of the Kerala

Conservation of Paddy Land and Wetland Act, 2008,

and the Schedule of fee thereto. However, since the

petitioner had to correct the revenue records urgently

he remitted the amount as per Ext.P5 on 15.11.2023, as

evident from Ext.P6 challan. The petitoner states that

since the extent of property is less than 25 cents. In

view of Exts.P8 and P8 circulars issued by the WP(C) NO. 3703 OF 2024

Government and in the light of the decision of this

Court in Sumesh v. Revenue Divisional Officer,

Palakkad [2023)(3) KHC 431], he is entitled to a

refund of the amount paid by him. The petitioner has

submitted Ext.P10 representation before the Secretary to

Government, Revenue Department, seeing refund of the

conversion fee.

2. The learned Government Pleader submits that,

the petitioner has to make necessary representation

before the Revenue Divisional Officer, the 4 th

respondent.

3. The learned counsel for the petitioner submits

that, the petitioner will file an appropriate

representation for a refund of the conversion fee before

the 4th respondent within a week. If the petitioner WP(C) NO. 3703 OF 2024

submits such a representation within a period of one

week from the date of receipt of a copy of this

judgment, the 4th respondent shall consider the same

and pass orders in accordance with law within a period

of three months from the date of receipt of such

representation. The petitioner shall produce a copy of

the writ petition along with the copy of this judgment

before the 4th respondent for compliance.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO. 3703 OF 2024

APPENDIX OF WP(C) 3703/2024

PETITIONER EXHIBITS Exhibit [P1 TRUE COPY OF THE DOCUMENT NO. 1171 OF 2019 OF SRO CHALA DATED 23-05-2019 Exhibit P2 THE TRUE COPY OF THE DOCUMENT NO.2386/2008 DATED 30-06-2008 Exhibit P3 THE TRUE COPY OF THE DOCUMENT NO.1380/1978 CHALA SUB REGISTRAR OFFICE DATED 20-05-1978 Exhibit P4 TRUE COPY OF THE BASIC TAX RECEIPT DATED 19-7-2023 ISSUED BY THE VILLAGE OFFICE, MANAKKAD Exhibit P5 THE TRUE COPY OF THE ORDER DATED 14-11- 2023 PASSED BY THE 4 TH RESPONDENT Exhibit P6 TRUE COPY OF THE CHALLAN DATED 15- 11- 2023 IS PRODUCED Exhibit P7 TRUE COPY OF THE ORDER DATED 21-11-2023 Exhibit P8 THE TRUE COPY OF THE G.O.NO.1166/2021 (REVENUE) DATED 25.02.2021 Exhibit P9 TRUE COPY OF THE CIRCULAR NO. 313/2021 (REVENUE) DATED 10-12-2021 Exhibit P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2 ND RESPONDENT DATED 15-01-2024 ALONG WITH POSTAL RECEIPT