Allowed

Suresh.S., v. State of Kerala

Kerala HC15 Dec 2021WP(C)/18961/2021

Case brief

AI extract

What is this about?

The Court allowed the writ petition, setting aside an order directing the petitioner to remit a fee for converting agricultural land. The Court held that no fee is leviable for conversion of areas less than 25 cents under the amended schedule and directed the respondent to reconsider the application without insisting on fee payment.

What did the court decide?

Writ petition allowed. Ext.P7 order set aside. The 3rd respondent directed to reconsider Ext.P4 application without insisting on payment of any fee for conversion.

Suresh.S., Vs State of Kerala — Land Acquisition | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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WEDNESDAY,THE 15^TH DAY OF DECEMBER 2021/24TH AGRAHAYANA, 1943

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WP(C) NO. 18961 OF 2021

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PETITIONER:

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SURESH.S., AGED 45 YEARS S/O.SUKUMARAN, PLAMOOTTIL VADAKKATHIL, KAIKULAGNARA CHERRY, VADDY, CUTCHERY P.O., KOLLAM-691 013.

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BY ADV B.MOHANLAL

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE DISTRICT COLLECTOR, COLLECTORATE, CUTCHERY P.O., KOLLAM-691 013.

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3 THE TAHASILDAR (LAND RECORD), TALUK OFFICE, KOLLAM-691 001.

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4 THE VILLAGE OFFICER, SAKTHIKULANGARA VILLAGE, SAKTHIKULANGARA P.O., KOLLAM-691 581. SRI.B.S.SYAMANTHAK, GP.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.18961 of 2021

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T.R. RAVI, J.

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W.P.(C)No.18961 of 2021

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Dated this the 15^th day of December, 2021

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JUDGMENT

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The petitioner had made Ext.P4 request for changing the nature of 1.62 Ares (4.0014 cents) of land comprised in ReSy.No.539/1-3 in Block No.1 of Sakthikulangara Village belonging to him, which had been purchased by him in the year 2018. By Ext.P7 order, the petitioner was directed to remit a sum of Rs.85,050/- for the purpose of conversion of the land. Petitioner challenges the above order.

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The counsel submits that the total extent of land sought to be converted is less than 25 cents and going by the schedule to the Act as amended by Ext.P8 Government order dated 25.02.2021, no fee can be levied for conversion of areas less than 25 cents. It is also submitted that Ext.P9 Circular dated 23.7.2021

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has already been quashed by a Division Bench of this Court. I find considerable force in the contention raised by the petitioner.

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In the above circumstances, the writ petition is allowed. Ext.P7 is set aside. The 3 rd respondent is directed to reconsider Ext.P4 application submitted by the petitioner in accordance with

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W.P.(C)No.18961 of 2021

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Ext.P8 Government Order dated 25.02.2021 and amendment of the Schedule, without insisting on the payment of any fee for conversion. Ext.P9 Circular which has been challenged in the writ petition is already quashed by the judgment of a Division Bench of this Court in Baby V. District Collector reported in (2021 (6) KLT 316) and hence the said prayer does not survive. Necessary orders shall be passed by the 3 rd respondent within two months from the date of receipt of a copy of this judgment.

Sd/-

T.R. RAVI JUDGE

dsn

W.P.(C)No.18961 of 2021

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APPENDIX OF WP(C) 18961/2021

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PETITIONER EXHIBITS

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Exhibit P1	THE TRUE COPY OF THE LAND TAX RECEIPT DATED 01.06.2021 FOR THE PERIOD 2021-2022 REMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.
Exhibit P2	THE TRUE COPY OF THE CERTIFICATE NO.780/19 DATED 12.03.2019 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
Exhibit P3	THE TRUE COPY OF THE BUILDING PERMIT NO.S2/TP/BR/569/18/19 DATED 06.03.2019 ISSUED BY THE KOLLAM CORPORATION TO THE PETITIONER AND ITS TYPED COPY.
Exhibit P4	THE TRUE COPY OF THE APPLICATION DATED 16.06.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT UNDER SECTION 27A OF THE ACT.
Exhibit P5	THE TRUE COPY OF THE FEE RECEIPT DATED 16.06.2019 REMITTED BY THE PETITIONER TO THE DISTRICT TREASURY, KOLLAM.
Exhibit P6	THE TRUE COPY OF THE COMMUNICATION IN PETITION NO.5294/2019 DATED 10.07.2019 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT.
Exhibit P7	THE TRUE COPY OF THE ORDER NO.L-236967/20 DATED 04.12.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
Exhibit P8	THE TRUE COPY OF THE GO(P) NO.1166/2021/REV. DATED 25.02.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P9	THE TRUE COPY OF THE CIRCULAR NO.REV.P1/117/2021 DATED 23.07.2021 ISSUED BY THE GOVERNMENT.
Exhibit P10	THE TRUE COPY OF THE SALE DEED NO.2027/2018 DATED 07/12/2018 OF KOLLAM SUB REGISTRY.

Suresh.S., v. State of Kerala

Case brief

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Suresh.S., v. State of Kerala

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