Kerala High Court
Majilisul Rahmani Sangham vs State Of Kerala on 18 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 12081 OF 2025
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2025:KER:43826
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
WP(C) NO. 12081 OF 2025
PETITIONER/S:
MAJILISUL RAHMANI SANGHAM,
REPRESENTED BY ITS PRESIDENT ASHRAF K.V., AGED 53
YEARS, S/O. ABDULLA, KAKADAVAN VAYATH,
POYITHUMKADAVU, AZHIKODE (PO), KANNUR DISTRICT, PIN
- 670009
BY ADVS.
SHRI.T.P.SAJID
SRI.K.P.MOHAMED SHAFI
SHRI.ABDUL KAREEM CHELERI
SMT.SHIFA LATHEEF
SHRI.MUHAMMED HAROON A.N.
SMT.SREESHMA B. CHANDRAN
SHRI.HASHARURAHIMAN U.
SHRI.MOHEMED FAVAS
SHRI.MUHAMMED BILAL K.
SHRI.VIJITH N.P.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, KANNUR DISTRICT, PIN -
670002
3 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, REVENUE
TOWER, COURT ROAD, TALIPARAMBA PO, KANNUR DISTRICT,
WP(C) NO. 12081 OF 2025
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2025:KER:43826
PIN - 670141
4 THE TAHSILDAR,
KANNUR TALUK OFFICE, SOUTH BAZAR, KANNUR DISTRICT,
PIN - 670002
5 THE CONVENER,
LOCAL LEVEL MONITORING COMMITTEE & AGRICULTURAL
OFFICER, KRISHI BHAVAN, KANNUR DISTRICT, PIN -
670002
6 THE VILLAGE OFFICER,
AZHIKODE NORTH VILLAGE, AZHIKODE, KANNUR DISTRICT,
PIN - 670009
OTHER PRESENT:
SR GP SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12081 OF 2025
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C.S.DIAS, J.
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WP(C) No.12081 OF 2025
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Dated this the 18th day of June, 2025
JUDGMENT
The writ petition is filed to quash Ext.P9 order and
direct the 3rd respondent to consider Ext.P3 application
submitted by the petitioner in Form 6 under Section 27A
and 12(1) of the Kerala Conservation of Paddy Land and
Wetland Act & Rules, 2008 ('Act' & 'Rules' in short).
2. The petitioner is the owner in possession of 4.86
Ares of land comprised in Survey No.158/117 in Block
No.167 of Azhikode North Village, Kannur Taluk, Kannur
District covered under Ext.P1 possession certificate. The
petitioner's property is an unnotified land. However, the
respondents have erroneously included the petitioner's
property as 'paddy land' in the revenue records. To change
the nature of the petitioner's property, the petitioner had
submitted Ext.P3 application before the 3 rd respondent.
But, by the impugned Ext.P9 order, the 3 rd respondent has
directed the petitioner to remit Rs.4,49,300/- as fee for
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conversion of the land where a school building is situated.
Ext.P9 is erroneous and unsustainable in law in view of the
law laid down by this Court in Shiji Joshy v. State of
Kerala (2022 (7) KHC 502). Hence Ext.P9 order may be
quashed.
3. Heard; the learned counsel for the petitioner and
the learned Government Pleader.
4. In Shiji Joshy's case (supra), this Court has
categorically held that there cannot be a demand for fee in
respect of an existing building when a Form 6 application
is filed. The said exposition of law squarely applies to the
facts of the case.
5. In light of the authoritative pronouncement in
the aforecited decision, I am convinced that the writ
petition is to be allowed, by quashing Ext.P9 order and
directing the respondents to process the petitioner's Form
6 application without insisting for any fee in respect of the
building in question.
In result, the writ petition is allowed by quashing
Ext.P9 order and directing the 3rd respondent to process
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Ext.P3 application, in accordance with law, and as
expeditiously as possible, at any rate within one month
from the date of production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rkc/18.06.25
WP(C) NO. 12081 OF 2025
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APPENDIX OF WP(C) 12081/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 06/03/2025
Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED
13/02/2024 ISSUED BY THE VILLAGE OFFICER,
AZHIKODE NORTH
Exhibit P3 TRUE COPY OF THE APPLICATION DATED
13/02/2024 IN THE PRESCRIBED PERFORMA
SUBMITTED BY THE PETITIONER BEFORE THE 3
RD RESPONDENT
Exhibit P4 TRUE COPY OF THE PHOTOGRAPHS EVIDENCING
THE DILAPIDATED CONDITION OF THE SCHOOL
Exhibit P5 TRUE COPY OF THE FITNESS CERTIFICATE FOR
THE YEAR 2016-17 DATED 25/05/2016 BY THE
ASSISTANT ENGINEER, LSGD SECTION, AZHIKODE
Exhibit P6 TRUE COPY OF THE FITNESS CERTIFICATE FOR
THE YEAR 2017-18 DATED 20/05/2017 BY THE
ASSISTANT ENGINEER, LSGD SECTION, AZHIKODE
Exhibit P7 TRUE COPY OF THE FITNESS CERTIFICATE FOR
THE YEAR 2018-2019 DATED 28/05/2018 BY THE
ASSISTANT ENGINEER, LSGD SECTION, AZHIKODE
Exhibit P8 TRUE COPY OF THE FITNESS CERTIFICATE FOR
THE YEAR 2019-20 DATED 26/05/2019 BY THE
ASSISTANT ENGINEER, LSGD SECTION, AZHIKODE
Exhibit P9 TRUE COPY OF THE REPLY BEARING FILE NO.
3434/2024 DATED 06/06/2024 ISSUED BY THE 3
RD RESPONDENT TO THE PETITIONER
Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER BEARING
GO (RT) NO. 2002/2024/LSGD DATED
21/10/2024
