Kerala High Court
Suhara vs State Of Kerala on 30 May, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:37634
WP(C) NO. 13416 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 30TH DAY OF MAY 2025 / 9TH JYAISHTA, 1947
WP(C) NO. 13416 OF 2025
PETITIONER:
SUHARA,
AGED 50 YEARS
W/O MUHAMMED ZULFICKAR, KOLLATTU HOUSE, PALLINADA,
AALA, THRISSUR, KERALA, PIN - 680668
BY ADVS.
SHRI.K.J.MOHAMMED ANZAR
SMT.P.K.MINIMOLE
SHRI.A.RADHAKRISHNAN NAIR
SHRI.BAPPU GALIB SALAM
SHRI.G.MOTILAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE
DEPARTMENT SECRETARIATE, THIRUVANANTHAPURAM,
KERALA, PIN - 695001
2 REVENUE DIVISIONAL OFFICER, IRINJALAKUDA,
1ST FLOOR, CIVIL STATION RD, ANNEXE, IRINJALAKUDA,
KERALA, PIN - 680125
GOVERNMENT PLEADER SMT. DEEPA V.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 13416 OF 2025
2
JUDGMENT
Dated this the 30th day of May, 2025
The writ petition is filed to quash Ext.P7
demand notice issued by the 2nd respondent to change
the nature of the classification of the petitioner's
property.
2. The petitioner is the owner in possession of 7.69
Ares of land comprised in Survey No.202/2 of the
Thekkumkara Village, Mukundapuram Taluk, Thrissur
District, covered by Ext. P1 land tax receipt. The
property was settled in her favour by her parents as
per Ext.P2 settlement deed. The said property was
converted decades back. However, in the revenue
records, the property was classified as 'Nilam'. In the
said background, the petitioner filed a Form 5
application, which was allowed on 09.05.2022.
Consequently, the petitioner had submitted Ext. P4
application (Form 6) to change the classification of the
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WP(C) NO. 13416 OF 2025
land in the revenue records. The 2 nd respondent has
issued Ext.P7 notice, demanding the petitioner to
remit Rs.1,62,413/- towards conversion charges as
contemplated under Section 27A of the Kerala
Conservation of Paddy Land and Wetland Act, 2008 (in
short, 'Act') and the Rules framed thereunder. The
extent of land is only 7.69 Ares. Therefore, the
petitioner is not obliged to pay any conversion fee.
Ext.P2 settlement deed is dated 21.8.2007, which
undoubtedly exhibits that the extent is only 7.69 Ares.
Therefore, Ext.P7 notice is illegal and is liable to be
quashed, in view of the law laid down by this Court in
Thahira C.K. v. Village Officer, Thalassery [ 2024 (3)
KHC 465].
3. The 2nd respondent has filed a statement,
inter-alia , stating that, the Village Officer, Thekkumkara
has reported that, even though the applied property is
7.69 Ares, as the petitioner is also in possession of 25
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WP(C) NO. 13416 OF 2025
cents of land in Vallivattom Village, which is also
classified as "Nilam", she is not entitled to an exemption
of conversion fee. Therefore, Ext.P7 demand is
justifiable.
4. Heard; the learned counsel for the petitioner
and the learned Government Pleader.
5. It is not in dispute that, the petitioner has only
sought for change of nature of her property having an
extent of 7.69 Ares, covered by Ext.P1 land tax receipt,
in Thekkumkara Village. Rule 12 of the Rules lays down
the procedure for permitting change in nature of
unnotified land.
6. It is apposite to refer to sub-rules (1) to (3) of
Rule 12, which reads as follows:
(1) In the case of an application for changing the nature
of unnotified land having an extent upto 20.23 Are, the
application shall be in Form-6 and that in respect of land
having an extent above 20.23 Are shall be in Form-7.
(2) Along with the application, sketch of such land,
details regarding the plinth area of the building proposed to be
constructed on said land shall be enclosed and wherein the
extent of proposed land exceeds 20.23 Are, Ten percentage (10
%) of the proposed land kept aside as a part of water
conservancy measures shall be marked in the sketch in blue
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WP(C) NO. 13416 OF 2025
colour and the rest of the land shall be marked in red colour
clearly in the sketch and a detailed plan regarding the water
conservancy measures proposed to be implemented on the said
10 % land shall be included therein.
(3) Along with the said application either a demand draft
of Rs.1000/- (Rupees Thousand only) in favour of said fund or
proof of deposit of Rs.1000/- (Rupees Thousand only) via
electronic transfer to the said fund shall be produced.
7. As per the above extracted Rules, a land
owner with upto 20.23 Ares of land is only submit a
Form 6 application, for change of nature of land. It is
only when the extent of land exceeds 20.23 Ares, the
land owner is obliged to submit a Form 7 application and
pay the conversion fee as per the Schedule framed
under Rule 12(9) of the Rules.
8. In the case at hand, as the petitioner only
possess 7.69 Ares of land, he is not bound to pay the
conversion fee. Merely because the petitioner is holder
of a paddy land in some other village, covered by a
totally different document and for which he has not
applied for conversion, the 2nd respondent cannot
demand for conversion fee. The demand made by the 2 nd
respondent is unjustifiable and untenable.
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WP(C) NO. 13416 OF 2025
In the aforesaid circumstances, I allow the writ
petition, by quashing Ext.P7 demand notice, and direct
the 2nd respondent/authorised officer to forthwith issue
the conversion certificate to the petitioner, without
demanding for any fee.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rmm/30/5/2025
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WP(C) NO. 13416 OF 2025
APPENDIX OF WP(C) 13416/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF LAND TAX RECEIPT DATED
09.05.2022
Exhibit P2 TRUE COPY OF SETTLEMENT DEED NO
2851/2007 DATED 20.08.2007 OF SRO
VADAKKUMKARA
Exhibit P3 TRUE COPY OF THE ORDER NO. 5690/2023
DATED 13.09.2023
Exhibit P4 TRUE COPY OF THE FORM 6 APPLICATION NO.
70/2023/232003 DATED 15.11.2023
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
01.08.2024
Exhibit P6 TRUE COPY OF THE G.O (MS) NO.1166/RE
DATED 25.02.2021
Exhibit P7 TRUE COPY OF THE NOTICE HAVING FILE NO.
3416/2024 DATED 18.05.2024
