Kerala High Court
Sheela Johnson vs State Of Kerala on 23 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO.5931 OF 2024
PETITIONER:
SHEELA JOHNSON, AGED 62 YEARS
W/O.JOHNSON, MAMPILLY HOUSE, CHRIST NAGAR,
IRINJALAKUDA NORTH, MUKUNDAPURAM TALUK,
TRISSUR DISTRICT, PIN - 680125
BY ADVS.
N.L.BITTO
MITHUL T ANTO
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION AYYANTHOLE. P.O.,
THRISSUR DISTRICT,, PIN - 680003
3 REVENUE DIVISIONAL OFFICER
IRINJALAKUDA REVENUE DIVISION, CIVIL STATION,
IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680125
BY SMT.DEVISHREE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.5931 of 2024 2
JUDGMENT
The petitioner is the owner of an extent of
3.76 Ares of land comprised in Survey Nos.665/4-12
and 667/PT3 of Irinjalakkuda Village, obtained as
per Ext.P1 Sale Deed. Since the property was
described as paddy land in the Revenue Records,
the petitioner filed Ext.P3 Form 6 application
under the Kerala Conservation of Paddy Land and
Wetland Rules, 2008 for change of nature of the
land before the 3rd respondent, which was allowed
by the 3rd respondent as per Ext.P4. However, the
petitioner was directed to pay an amount of
Rs.2,85,384/- towards conversion fee. The
petitioner submits that the extent of land, for
which Form 6 application has been filed, is less
than 20.2 Ares [25 cents] and no conversion fee
can be levied as per Section 27A of the Kerala
Conservation of Paddy Land and Wetland Act, 2008
[for brevity, 'the Act, 2008'] and the Schedule of
fee thereto.
2. On going through Ext.P1, it can be seen
that the same is dated 25.05.2011 and the extent
of property referred to therein is 3 Ares 76
Sq.Mtrs. Since the extent of the property is less
than 25 cents, no conversion fee can be charged as
per Section 27A of the Act, 2008 read with the
Schedule thereto.
3. Accordingly, Ext.P4, to the extent it
demands the payment of conversion fee in respect
of the property covered by Ext.P1, is set aside.
There will be a direction to the 3rd respondent to
pass fresh orders on Ext.P3 application as
expeditiously as possible, at any rate, within a
period of two months from the date of receipt of a
certified copy of this judgment.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
sp/23/02/2024
APPENDIX
PETITIONER'S EXHIBITS:-
Exhibit-P1 A TRUE COPY OF THE DOCUMENT NO.1223 OF
2011 OF IRINJALAKUDA SRO DATED
25/05/2011
Exhibit-P2 A TRUE COPY OF THE TAX RECEIPT NO.
KL08035605226/2023 ISSUED FROM THE
PULLUR VILLAGE DATED 07/11/2023
Exhibit-P3 A TRUE COPY OF THE APPLICATION
NO.08/2023/17002 FILED BEFORE THE RDO,
IRINJALAKUDA DATED 07/11/2023
Exhibit-P4 A TRUE COPY OF THE COMMUNICATION ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONER
DATED 03/12/2023
