This writ petition challenged a communication fixing land conversion fees. The Court held the communication unsustainable in light of a prior judgment and a circular. It set aside the communication and directed the authorities to reconsider the matter within one month.
Exhibit P2 set aside; Respondent No. 2 directed to reconsider within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 15TH DAY OF JULY 2022 / 24TH ASHADHA, 1944
WP(C) NO. 30692 OF 2021
PETITIONER/S:
SIBIN VARGHESE, AGED 51 YEARS
S/O. VARGHESE, MANCHERIL HOUSE,
VENGALLOOR P.O., MUTHARAMKUNNU, KUMARAMANGALAM,
THODUPUZHA, IDUKKI 685 608.
BY ADVS.
S.SUNIL KUMAR (PALAKKAD)
B.S.SURAJ KRISHNA
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.2 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, IDUKKI, PAINAVU P.O., IDUKKI 685 603.3 VILLAGE OFFICER, THODUPUZHA VILLAGE OFFICE, THODUPUZHA, IDUKKI 685 584.OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 30692 of 2021
P.V.KUNHIKRISHNAN, J.
W.P.(C) No. 30692 of 2021
Dated this the 15th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers:
“A. Issue a writ of Mandamus or any other appropriate writ or order or direction calling for records leading to issuance of Exhibit-P2 communication issued by Respondent No-2 and set aside the same.
B. Issue a writ of Mandamus or any other appropriate writ or order or direction directing the Respondent No-2 to reconsider Exhibit-P1 objection submitted by the Petitioner in accordance with the Kerala Conservation of Paddy Land and Wet land Act and Rules 2008 within a time frame.
C. Issue a writ of Mandamus or any other appropriate writ or order or direction directing the Respondent No-2 to fix the fees payable by the Petitioner in accordance with the Exhibit-P4 Circular issued by the Respondent No-1.
D. To pass any other order as this Hon'ble Court deems fit.” (sic)
W.P.(C). No. 30692 of 2021
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communication issued by the 2nd respondent. The petitioner is the owner and in possession of total extent of 20.04 Ares land in Survey No:123/14 and 123/14-3 of Thodupuzha Village, Thodupuzha Taluk. The petitioner preferred an application before Respondent No-2 RDO for conversion of the land Under Section-27A of the Kerala Conversion of Paddy Land and Wetland Act on 28/05/2019. Respondent No-2 RDO fixed the
fees for conversion by adopting the fair value of nearby property. Aggrieved by the same, on 09/08/2021 the petitioner preferred Exhibit-P1 objection before respondent No-2 for reconsideration of the computation of fees and also sought the fix the fee payable as 10% of the fair value irrespective of Municipality, Corporation or Panchayath areas in light of the circulars issued by the 1st respondent. The 2nd respondent reconsidered the petitioner’s application and computed the fee
W.P.(C). No. 30692 of 2021
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liable to pay by the petitioner on the basis of the fair value of the nearby ‘Purayidom' property and rejected the Petitioner claim for paying 10% of the fair value for conversion. The petitioner relies on the judgment of this Court in Dr. Vimal
Vincent Vs RDO, Irinjalakkuda and Others [2020 (1) KHC 123] . Hence, this writ petition is filed.
Government Pleader.
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W.P.(C). No. 30692 of 2021
Therefore, this writ petition is allowed in the following manner:
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
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W.P.(C). No. 30692 of 2021
APPENDIX OF WP(C) 30692/2021
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE OBJECTION DATED
09/08/2021 PREFERRED BY THE PETITIONER
BEFORE RESPONDENT NO.2
Exhibit P2TRUE COPY OF THE COMMUNICATION DATED
14/09/2021 ISSUED BY THE RESPONDENT
NO. 2.
Exhibit P3TRUE COPY OF THE CIRCULAR NO. REV-
P1/117/2021-REV DATED 23/07/2021 OF
RESPONDENT NO. 1.
Exhibit P4TRUE COPY OF THE CIRCULAR NO. REV-
P1/313/2021-REV DATED 10/12/2021 OF
RESPONDENT NO. 1
2 issues framed by the court
Whether the impugned communication issuing higher fees for land conversion under Section 27A should be set aside.
Whether the Revenue Divisional Officer is directed to reconsider the fee computation in light of relevant circulars and judicial precedent.
Colour shows how this judgement treated each authority
Dr. Vimal Vincent Vs RDO, Irinjalakkuda and OthersFollowed¶33
Dr. Vimal Vincent Vs RDO, Irinjalakkuda and Others [2020 (1) KHC 123]
Sibin Varghese
The State of Kerala
Revenue Divisional Officer, Idukki
Village Officer, Thodupuzha
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court