Allowed

Anildath Kumar.P., v. State of Kerala

Kerala HC14 Sept 2022WP(C)/26840/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the writ petition filed by land owners seeking removal of land from the Data Bank. Relieving reliance on recent precedents establishing illegality in the fee demand, the court directed the respondents to refund the paid amount within three months.

What did the court decide?

Writ petition allowed; 3rd Respondent directed to refund `52,070/- to the petitioner within three months.

Anildath Kumar.P., Vs State of Kerala — Land Acquisition | Kerala HC (2022)

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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 N.NAGARESH

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WEDNESDAY, THE 14TH DAY OF SEPTEMBER 2022 / 23RD BHADRA, 1944

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WP(C) NO. 26840 OF 2022

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PETITIONER

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ANILDATH KUMAR.P.,
AGED 52 YEARS

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S/O.LATE CHANTHUKKUTTY, PACHAAT HOUSE, MANNOOR.P.O.,
KOZHIKODE - 673 328.
BY ADV K.P.JUSTINE (KARIPAT)

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RESPONDENTS:

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1 STATE OF KERALA,

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REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,
THIRUVANANTHAPURAM - 695 001.

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2THE COMMISSIONER,
LAND REVENUE, OFFICE OF THE COMMISSIONER OF LAND REVENUE,
PUBLIC OFFICE BUILDING, MUSEUM ROAD, OPPOSITE ZOO,
VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM - 695033.

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3 THE SUB COLLECTOR,

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OFFICE OF THE SUB COLLECTOR, CIVIL STATION, KOZHIKODE - 673 020.

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4 THE DISTRICT TREASURY OFFICER, CIVIL STATION, KOZHIKODE - 673 020.

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5 THE VILLAGE OFFICER, KADALUNDI, KOZHIKODE - 673 328.

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SMT.DEEPA NARAYANAN SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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14.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.26840 OF 2022

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JUDGMENT

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Dated this the 14^th day of September, 2022

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The petitioner, who is owner of 6.78 Ares of land in Survey No.92/IA2 in Kadalundy Village of Kozhikode Taluk, submitted application to the Revenue Divisional Officer to remove the land from Data Bank. The petitioner was directed, thereupon, to remit an amount of `52,070/- towards fees to the Government for issuing permission to convert the land. The petitioner submits that he has paid the amount as evidenced by Ext.P4.

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Counsel for the petitioner submitted that the petitioner ought not have paid the amount as demanded by the respondents in view of the judgment of this Court in Baby v. State of Kerala [2021 (6) KLT 318] and the judgment dated 05.04.2022 in W.P.(C) No.5449 of 2019.

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In the light of the afore judgments and the judgment of this Court in W.P.(C) Nos.4309 and 8362 of 2022, this writ

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WP(C) NO.26840 OF 2022

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petition can also be allowed.

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In the circumstances, the writ petition is allowed and the

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3^rd respondent-Sub Collector is directed to refund an amount

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of `52,070/- to the petitioner, within a period of three months.

sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO.26840 OF 2022

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APPENDIX OF WP(C) 26840/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE SETTLEMENT DEED
NO.281/2020 DATED 29.01.2020 OF THE SUB
REGISTRAR, FEROKE, KOZHIKODE.
Exhibit P2TRUE COPY OF THE PROCEEDINGS OF THE 3RD
RESPONDENT VIDE NO.C2-2240/20 DATED
17.11.2021.
Exhibit P3TRUE COPY OF THE NOTICE NO.C2/
2240/2020 DATED 27.10.2021 TO REMIT
RS.52,070/- FOR THE CONVERSION OF THE
LAND.
Exhibit P4TRUE COPY OF THE TREASURY RECEIPT DATED
30.10.2021 ISSUED BY THE DISTRICT
TREASURY, KOZHIKODE.
Exhibit P5TRUE COPY OF THE G.O.(M.S.)
NO.1166/2021/REV. DATED 25.2.2021.
Exhibit P6TRUE COPY OF THE CIRCULAR DATED
23.7.2021.
Exhibit P7TRUE COPY OF THE CIRCULAR DATED
10.12.2021.
Exhibit P8TRUE COPY OF THE LETTER DATED
01.08.2022 BEARING NO.REV-P1/206/2022-
REV.

Anildath Kumar.P., v. State of Kerala

Case brief

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Anildath Kumar.P., v. State of Kerala

Case brief

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