Kerala High Court
Rajesh P.R vs The Revenue Divisional Officer on 8 November, 2024
WP(C) NO. 39845 OF 2023 1
2024:KER:83463
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA,
1946
WP(C) NO. 39845 OF 2023
PETITIONER:
RAJESH P.R.,
AGED 59 YEARS
S/O RADHAKRISHNAN, LAKSHMI NIVAS, BPO ROAD,
YAKKARA, PALAKKAD, PIN - 678701
BY ADVS.
SAJI VARGHESE KAKKATTUMATTATHIL
N.K.KARNIS
AMALENDU A.
RESPONDENTS:
THE REVENUE DIVISIONAL OFFICER,
1 PALAKKAD, PIN - 678001
THE TAHSILDAR (LR),
2 TALUK OFFICE, PALAKKAD, PIN - 678001
THE VILLAGE OFFICER,
MARUTHAROAD VILLAGE OFFICE,MARUTHAROAD, PIN -
3
678007
OTHER PRESENT:
SMT.DEVI SHRI R.,GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 39845 OF 2023 2
2024:KER:83463
MOHAMMED NIAS C.P., J
............................................................
W.P.(C) No.39845 of 2023
.............................................................
Dated this the 08th day of November, 2024
JUDGMENT
The petitioner challenges Ext.P3 which directed him to
pay the conversion charges in the application filed under Form 6
of the Kerala Conservation of Paddy Land and Wetland Act, 2008
(for short, the Act and the Rules). Petitioner submits that he is
the owner in possession of 46.13 Ares (113.941 cents) of land
comprised in Re-Survey Block.38, Re-Sy.Nos.515/62, 517/54 and
517/55 of Marutharoad Village. Out of the said extent, the
petitioner had obtained permission for 37.17 Ares(77 cents)
comprised in Re-Sy.Nos.515/62, 517/54 and 517/55 from the 1st
respondent under Clause 6(2) of Kerala Land Utilisation Order,
1967. The petitioner submits that thereafter, he had set apart 11
cents out of the 46.13 Ares for the water conservation measures
and only 25.941 cents is left out from the total extent. Though
the petitioner submits that he is exempt from payment of any
2024:KER:83463
charges, the respondents are demanding payment under Section
27A for the entire 46.13 Ares of land.
2. The learned Government Pleader submits that
the 25% fee was calculated as per Rule 12(17) of the Kerala
Conservation of Paddy Land and Wetland Act, 2008(Amendment
Act 2018). Both sides submit that the issue is covered in favour of
the petitioner by the judgment of this Court in Sealand Builders
Pvt.Ltd v. Revenue Divisional Officer [2020 (5) KLT 56] as far as
regards the land covered by the orders under the Kerala Land
Utilisation Order.
Accordingly, the demand made through Ext.P3 is
quashed and there will be a direction to the 1 st respondent or the
authorised officer to reconsider the Form 7 application filed by
the petitioner in accordance with the Act and Rules within two
months from the date of receipt of the copy of this judgment.
The impugned order is quashed and the writ petition is allowed
as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Anu
2024:KER:83463
APPENDIX OF WP(C) 39845/2023
PETITIONER EXHIBITS
A TRUE COPY OF THE ORDER DATED
23.12.2005 ISSUED BY THE 1ST
Exhibit P1
RESPONDENT TO THE PETITIONER
TRUE COPY OF THE ORDER DATED
26.03.2023 ISSUED BY THE 1ST
Exhibit P2
RESPONDENT
THE STATUS OF THE PETITIONER'S
APPLICATION DOWNLOADED BY THE
Exhibit P3 PETITIONER FROM THE OFFICIAL WEBSITE
OF THE REVENUE DEPARTMENT
