Kerala High Court
Joy.K.O vs State Of Kerala on 5 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 29744 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
WP(C) NO. 29744 OF 2024
PETITIONER/S:
JOY.K.O,
AGED 59 YEARS
S/O.OUSEPH, KALLARACKAL HOUSE, PARAKKADAVU,ELAVOOR.P.O,
ERNAKULAM DISTRICT, PIN - 683572
BY ADV SRI.AVANEESH KOYIKKARA
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR,
COLLECTORATE, ERNAKULAM, CIVIL STATION, KAKKANAD
POST,ERNAKULAM DISTRICT, PIN - 682030
3 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FORT KOCHI, KB JACOB RD,
FORT KOCHI, ERNAKULAM, PIN - 682001
4 LOCAL LEVEL MONITORING COMMITTEE,
(REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
KRISHI BHAVAN, PARAKKADAVU, KURUMASSERY. P.O,
ERNAKULAM, PIN - 683579
5 TAHSILDAR,
TALUK OFFICE, ALUVA, FIRST FLOOR, MINI CIVIL STATION
ROAD, PERIYA NAGAR, ERNAKULAM, PIN - 683101
6 VILLAGE OFFICER,
VILLAGE OFFICE, PARAKKADAVU,POOVATHUSSSERY - MELADOOR
ROAD, PARAKKADAVU, ERNAKULAM, PIN - 683579
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OTHER PRESENT:
GP.SMT.DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.S.DIAS, J.
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WP(C) No. 29744 OF 2024
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Dated this the 5th day of August, 2025
JUDGMENT
The petitioner is the owner in possession of 14.45 Ares
of land comprised in Survey No.139/6 in Parakkadavu Village,
Ernakulam District, covered under Ext.P1 land tax receipt.
The petitioner's property is a dry land. The respondents had
erroneously classified the land as paddy land and included it in
the data bank. Accordingly, the petitioner filed a Form 5
application under Rule 4(4d) of the Kerala Conservation of
Paddy Land and Wetland Rules, 2008, to exclude 9.65 Ares of
land from the total extent of 14.45 Ares from the data bank.
Nonetheless, by Ext.P3 order, the 3rd respondent had only
excluded 8.10 Ares of land comprised in Survey No.139/6 from
the data bank. Consequently, the petitioner submitted Ext.P4
application in Form 6 under Section 27A read with Rule 12(1)
of the Kerala Conservation of Paddy Land and Wetland Act
and Rules, 2008 ('Act and Rules' in short), to change the
nature of the property in the revenue records. However, by
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the impugned Ext.P5 notice, the 3 rd respondent directed the
petitioner to remit Rs.64,152/- towards fee for conversion. The
fee is calculated on the total extent of land. Even though the
petitioner submitted Ext.P6 reply to the 3rd respondent, the
same has not evoked any reply. Since the petitioner has only
sought to change the nature of less than 25 cents in the
revenue records, and as per Ext.P3 order, only 8.10 Ares of
land has been excluded from the data bank, the petitioner is
not liable to pay any fee. Rule 11 of the Rules permits partial
conversion of the land. Hence, Ext.P5 letter may be quashed
and the respondents be directed to process the petitioner's
Form 6 application without demanding any fee.
2. In the statement filed by the 3 rd respondent, it is
contended that, as the petitioner is the owner in possession of
14.45 Ares of land, he is liable to pay fee for the total extent of
land, since it exceeds 25 cents. It is in the above
circumstances that Ext.P5 letter was issued. There is no
illegality in Ext.P5 letter. Hence, the writ petition may be
dismissed.
3. The petitioner has filed a reply affidavit refuting the
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contentions in the statement filed by the 3 rd respondent. The
petitioner has contended that as he is in possession of only
8.10 Ares of unnotified land, he is not liable to pay conversion
fee for the entire extent of land.
4. Heard; the learned Counsel for the petitioner and
the learned Government Pleader.
5. It is not in dispute that, by Ext.P3 order, the
authorised officer had only excluded 8.10 Ares of the
petitioner's property from the data bank. It is with respect of
the excluded property that the petitioner filed Ext.P4
application in Form 6.
6. In the above context, it is apposite to refer to Rule
11 of the Rules, which reads as follows:
"11. The procedure for changing the nature of any part of
unnotified lands.- Whereas an application is submitted as per
Section 27 A for changing the nature of any part of land in his
possession which lies as a single entity, the land in respect of which
the change in nature is effected shall be marked separately and
marked in the sketch and the rest of the land shall be retained as its
particular type mentioned in the revenue records and such land
shall be marked in the sketch by giving specific colour and
necessary entries regarding this shall be made in the
Supplementary Basic Tax Register".
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7. A plain reading of the above Rule unambiguously
permits an applicant to change the nature of any part of the
land in his possession in the revenue records.
8. In light of Rule 11 and the fact that the authorised
officer had only permitted 8.10 Ares of land to be excluded
from the data bank, I am of the definite view that the demand
made in Ext.P5 letter directing the petitioner to pay fee for the
entire extent of land is untenable. Nonetheless, the petitioner
shall file an affidavit before the authorised officer that, in case
he seeks for the exclusion of the remaining extent of land from
the data bank and to change the nature of the said land in the
revenue records in the future, then he shall pay fee for the
entire extent of land.
In light of the above said finding, I allow this writ
petition by quashing Ext.P5 letter, and by directing the
authorised officer to process the petitioner's Ext.P4 Form 6
application without insisting for any fee for the conversion, but
subject to the condition that the petitioner files an affidavit
undertaking that if he seeks for exclusion of the remaining
extent of land from the data bank and to change the nature of
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the property in the revenue records in the future, he would
pay the fee for the entire extent of land.
sd/-
C.S.DIAS, JUDGE
rkc/05.08.25
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APPENDIX OF WP(C) 29744/2024
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE TAX RECEIPT DATED 15.05.2023
ISSUED BY THE PARAKKADAVU VILLAGE OFFICE WITH
RESPECT TO SURVEY NO 139/6.
Exhibit P2 A COPY OF THE POSSESSION CERTIFICATE DATED
18.03.2022 ISSUED BY THE PARAKKADAVU VILLAGE
OFFICE.
Exhibit P3 A COPY OF THE ORDER IN FILE NO.4821/2023
DATED 22.05.2023 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P4 A COPY OF THE FORM.6 APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT
DATED 03.06.2023 WITH RESPECT TO SURVEY NO
139/6.
Exhibit P5 A COPY OF THE LETTER IN FILE NO.6202/2024
DATED 21.03.2024 ISSUED BY THE 3RD RESPONDENT
TO THE PETITIONER.
Exhibit P6 A COPY OF THE REPLY DATED 25.03.2024
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
