Petitioner challenged a conversion fee demand notice under the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The Court held the land extent was less than 25 cents, entitling the petitioner to fee exemption. The writ petition was allowed and the notice set aside.
Writ petition allowed; Ext.P5 notice dated 14.01.2023 set aside.
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 N.NAGARESH
MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
WP(C) NO. 12249 OF 2023
PETITIONER:
P. SUBHA AGED 45 YEARS, D/O. BALAKRISHNAN NAIR, RESIDING AT SANTHI, CHALAPPURAM, KOZHIKODE- 673002, REPRESENTED BY POWER OF ATTORNEY HOLDER, MOTHER, P. SARADAMMA, AGED 66 YEARS, W/O. BALAKRISHNAN NAIR, RESIDING AT SANTHI, CHALAPPURAM, KOZHIKODE, PIN – 673002.
BY ADVS. V.V.SURENDRAN P.A.HARISH
RESPONDENTS:
1 THE DISTRICT COLLECTOR,KOZHIKODE OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, PO. CIVIL STATION, KOZHIKODE, PIN – 673020.
3 THE VILLAGE OFFICER, VENGERI, OFFICE OF THE VILLAGE OFFICER, GROUND FLOOR, B BLOCK, CIVIL STATION BUILDING, PO. CIVIL STATION KOZHIKODE – 673020.
BY ADV.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) No.12249 of 2023
J U D G M E N T
Dated this the 21st day of August, 2023
The petitioner is before this Court aggrieved by Ext.P5 notice dated 14.01.2023. The petitioner states the petitioner is owner of 4.066 Ares of land in Re-Survey No.587/2 of Vengeri Village of Kozhikode Taluk.
₹2,20,077/- towards conversion charges. The petitioner states that
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W.P.(C) No.12249 of 2023
the land having an extent of less than 25 Cents, is entitled to fee
exemption. The demand made in Ext.P5 is therefore illegal and unsustainable.
came into possession of the property, it is evident that the extent of land of the petitioner is less than 25 Cents. It is an admitted position that the Government of Kerala has given fee exemption in respect of the land having an extent up to 25 Cents. If that be so, Ext.P5 cannot stand the scrutiny of law. It is to be noted that the petitioner has purchased the land in 1995, much before amendment was brought about to the Act 2008 by bringing in Section 27A.
In the circumstances, the writ petition is allowed and Ext.P5 is set aside.
Sd/-
N. NAGARESH
JUDGE
ams
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W.P.(C) No.12249 of 2023
APPENDIX OF WP(C) 12249/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ASSIGNMENT DEED DATED 29.12.1995 EXECUTED BY ONE SUNILKUMAR IN FAVOUR OF THE PETITIONER Exhibit P2 A FEW PHOTOGRAPHS SHOWING THE PRESENT LIE OF THE PROPERTY Exhibit P3 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE KOZHIKODE CORPORATION DATED 03.07.2010 TO THE PETITIONER Exhibit P4 A TRUE COPY OF THE RENEWAL ORDER DATED 01.10.2013 ISSUED BY THE KOZHIKODE CORPORATION TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE NOTICE DATED 14.01.2023 BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P6 A TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.A. 352/2023 DATED 27.02.2023
2 issues framed by the court
Whether a conversion fee demand notice is illegal when the land extent is less than 25 cents and exemption applies
Whether the writ petition should be allowed and the demand notice set aside
1 provisions across 1 enactments
P. Subha
P. Saradamma
The District Collector, Kozhikode
The Revenue Divisional Officer, Kozhikode
The Village Officer, Vengeri
N. Nagaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
