Allowed

M. Sundaresh Kumar v. the Revenue Divisional Officer

Kerala HC20 Dec 2021WP(C)/22506/2021

Case brief

AI extract

What is this about?

This writ petition challenged an order directing the petitioner to remit money for changing land nature. The court quashed the order relying on a Government Order exempting small land holdings, directing a refund, and setting aside the impugned order.

What did the court decide?

Order setting aside Ext.P5 and directing refund of deposited amount within two months; also directed first respondent to consider Ext.P4 application within two months.

M. Sundaresh Kumar Vs the Revenue Divisional Officer — 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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MONDAY, THE 20^TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943 WP(C) NO. 22506 OF 2021

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PETITIONER:

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M. SUNDARESH KUMAR AGED 41 YEARS S/O.K.V.KUNHI KANNA MARAR, 'RADHA VILAS', P.O.CHIRAKKAL, KANNUR DISTRICT, PIN 670 011, REP.THROUGH POWER OF ATTORNEY HOLDER, M.RAMESH KUMAR, S/O.LATE K.V.KUNHI KANNA MARAR, "MARATH", P.O. CHIRAKKAL, KANNUR DISTRICT, PIN 670 011

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BY ADVS. P.U.SHAILAJAN V.SREEJITH (K/1398/2000) NIDHEESH T.P

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICE, TALIPARAMBA, KANNUR DISTRICT, PIN 670 141

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2 STATE OF KERALA REP.BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

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SRI. B.S SYAMANTHAK. GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 22506 OF 2021

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T.R.RAVI, J.

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 WP(C) NO. 22506 OF 2021

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 Dated this the 20th day of December , 2021

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JUDGMENT

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The writ petition has filed seeking to quash Exts.P5 and
P7. Ext.P5 is an order by which the petitioner was directed to
remit a sum of Rs.3,68,554/- for the purpose of changing the
nature of the land in the revenue records. The extent of the
land is 9.23 cents and going by Ext.P6 Government Order, no
amount is payable for lands of an extent of less than 25 cents.
However, the demand was made on the basis of Ext.P7 circular
which is already been set aside by this Court by a Division
Bench judgment of this Court in Baby v. District Collector
[2021 (6) KLT 316]. At the time of admission, this Court had
permitted the petitioner to remit the amounts stated in Ext.P5
order without prejudice to his contentions in the writ petition.
Since going by the Government Orders and the judgment of
the Division Bench of this Court, no amount is payable by the
petitioner and since the deposit was made on the basis of the
orders of this Court, this writ petition is disposed of directing
the 1st respondent to refund the amount deposited by the

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WP(C) NO. 22506 OF 2021

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petitioner on the basis of the order dated 21.10.2021 of this
Court within two months from the date of receipt of a copy of
this judgment. Ext.P5 is set aside and Ext.P7 has already been
quashed by a Division Bench of this Court. The 1st respondent
shall consider and pass orders on Ext.P4 application at the
earliest at any rate within two months from the date of receipt
of a copy of this judgment.

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Sd/-

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T.R.RAVI

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JUDGE

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sn

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WP(C) NO. 22506 OF 2021

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APPENDIX OF WP(C) 22506/2021

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE SALE DEED WITH NO.4445/2008 DATED 26.12.2008 BEFORE THE SRO, VALAPPATTANAM EXECUTED BY SRI. KARIMBIL BALAKRISHNAN IN FAVOUR OF THE PETITIONER Exhibit P2 TRUE COPY OF THE POWER OF ATTORNEY DEED DATED 14.8.2017 EXECUTED BY M.SUNDARESH KUMAR IN FAVOUR OF M.RAMESH KUMAR Exhibit P3 TRUE COPY OF THE ORDER OF THE AGRICULTURAL OFFICER, KRISHI BHAVAN, CHIRAKKAL WITH NO.CKB 10/2018 DATED 15.11.2018 Exhibit P4 TRUE COPY OF THE APPLICATION DATED 11.3.2019 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.1 Exhibit P5 TRUE COPY OF THE ORDER DATED 23.9.2021 OF THE RESPONDENT NO.1 Exhibit P6 TRUE COPY OF THE GOVERNMENT ORDER DATED 25.2.2021

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Exhibit P7 TRUE COPY OF THE CIRCULAR DATED 23.7.2021 ISSUED BY THE GOVERNMENT

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RESPONDENT'S EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

M. Sundaresh Kumar v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

M. Sundaresh Kumar v. the Revenue Divisional Officer

Case brief

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