Kerala High Court
Sen P vs State Of Kerala on 25 September, 2024
W.P(C) No.11905 of 2022 1
2024:KER:71441
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA,
1946
WP(C) NO. 11905 OF 2022
PETITIONER:
SEN P.,
AGED 53 YEARS
1 S/O.PURUSHOTHAMAN, THUSHARA, MYLAPRA P.O,
PATHANAMTHITTA - 689671.
SHINE P.,
AGED 48 YEARS
2 S/O.PURUSHOTHAMAN, THUSHARA, MYLAPRA P.O,
PATHANAMTHITTA - 689671.
BY ADVS.
GEORGE MATHEW
PRAVEEN S.
M.D.SASIKUMARAN
SUNIL KUMAR A.G
DIPU JAMES
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
RESPONDENTS:
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, REVENUE
1 DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
THE DISTRICT COLLECTOR,
2
CIVIL STATION, PATHANAMTHITTA DISTRICT - 689645.
W.P(C) No.11905 of 2022 2
2024:KER:71441
THE REVENUE DIVISIONAL OFFICER,
3 PATHANAMTHITTA DISTRICT - 691523.
THE TAHSILDAR,
TALUK OFFICE, KOZHENCHERRY TALUK, PATHANAMTHITTA
4
DISTRICT - 686669.
THE VILLAGE OFFICER,
5 VILLAGE OFFICE, PATHANAMTHITTA - 689645.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.11905 of 2022 3
2024:KER:71441
MOHAMMED NIAS C.P., J
............................................................
W.P(C) No.11905 of 2022
.............................................................
Dated this the 25th day of September, 2024
JUDGMENT
The 1st petitioner is stated to be the owner in possession
of properties having an extent of 02.74 Ares, 06.55 Ares and 02.89
Ares (totaling 12.18 Ares 'Nilam' comprised in Sy. Nos.P207/4B6-
13, P264/7C2-4, P264/7A2 and the 2nd petitioner is the owner in
possession of properties having an extent of 03.37 Ares, 02.16
Ares, 1.21 Ares, 01.21 Ares and 02.07 Ares (totalling 12.18 Are)
'Nilam' comprised in Sy. Nos.P207/4A-1, P207/4A-2, P207/4B-1,
P207/4B-5, P207/4A and P207/4B6-13 of Kozhencherry Taluk.
2. They applied under Form 6 of the Kerala
Conservation of Paddy and Wet Land Act, 2008 before the 3 rd
respondent and the receipt of which is produced as Exhibit P1.
The 3rd respondent had passed orders fixing the amount payable
by the petitioners based on the fair value. The petitioners rely on
Ext.P6 circular dated 20.02.2021 to support his contention, that
the fair value existing on the date of the application must be
reckoned and not on the date, the application was considered.
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Thus Exts.P2 and P3 orders passed which demanded the
petitioners to pay the amounts therein are challenged being
violative of Ext.P6 circular.
3. Even though specific contention in this regard
has been taken in the writ petition, the counter filed on behalf of
the 3rd respondent does not deal with the same or deny and all
that is stated is the lands are commercial important lands.
4. The petitioner is in fact placing reliance on
Ext.P6 circular which the respondents were bound to follow if the
same was in force while passing the impugned orders. Though
the petitioners had preferred appeals, the same was rejected by
Exts.P4 and P5 holding that they are not maintainable.
5. Accordingly, Exts.P2 and P3 are quashed as far
as the demand for conversion charges are concerned and there
will be a direction to the 3 rd respondent to reconsider the issue of
demand, conversion charges for allowing the application filed by
the petitioners under Form 6 of the Kerala Conservation of Paddy
and Wet Land Act, 2008 strictly in terms of Ext.P6 circular. Fresh
orders shall be passed within three months from the receipt of
the copy of the judgment with notice to the petitioner. Since I
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have quashed Exts.P2 and P3 necessarily Exts.P4 and P5 also will
have no legs to stand, in so far it fixes the quantum of conversion
charges payable by the petitioners.
The writ petition is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Anu
2024:KER:71441
APPENDIX OF WP(C) 11905/2022
PETITIONERS EXHIBITS
TRUE COPY OF RECEIPT DATED 22.11.2019
ISSUED FROM THE OFFICE OF 3RD
Exhibit P1
RESPONDENT.
TRUE COPY OF ORDER NO. 10218/2019/B6
DATED 03.09.2021 ISSUED BY 3RD
Exhibit P2
RESPONDENT TO 1ST PETITIONER.
TRUE COPY OF ORDER NO. 10217/2019/B6
DATED 03.09.2021 ISSUED BY 3RD
Exhibit P3
RESPONDENT TO 2ND PETITIONER.
TRUE COPY OF LETTER NO.
DCPTA/5086/2021/CA DATED 04.01.2022
Exhibit P4 ISSUED BY 2ND RESPONDENT TO 2ND
PETITIONER.
TRUE COPY OF LETTER
NO.DCPTA/5084/2021/CA DATED 04.01.2022
Exhibit P5 ISSUED BY 2ND RESPONDENT TO 1ST
PETITIONER.
TRUE COPY OF CIRCULAR NO.
REVP1/2019/2020-REV DATED 20.02.2021
Exhibit P6
ISSUED BY 1ST RESPONDENT.
True copy of fair value statement as on
20.09.2021 downloaded from portal of
EXHIBIT P7
Department of Registration
True copy of fair value statement as on
20.09.2021 downloaded from portal of
EXHIBIT P8
Department of Registration
