Allowed

Jessy v. Revenue Divisional Officer (Rdo)

Kerala HC8 Aug 2023WP(C)/5381/2021

Case brief

AI extract

What is this about?

The High Court held that a petitioner possessing less than 25 acres of land acquired prior to the introduction of Section 27A is not liable to pay conversion fees under the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The fee order was set aside and the 1st respondent directed to reconsider and pass afresh orders.

What did the court decide?

Ext.P5 set aside; 1st respondent directed to reconsider application and pass orders afresh within two months.

Jessy Vs Revenue Divisional Officer (Rdo) — Landlord and Tenant | Kerala HC (2023)

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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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TUESDAY, THE 8TH DAY OF AUGUST 2023 / 17TH SRAVANA, 1945
WP(C) NO. 5381 OF 2021

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PETITIONER:

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JESSY

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AGED 56 YEARS, W/O.POULOSE, PULICKAKUDY HOUSE,
VELLOORKUNNAM KARA, MARKET P.O., VELLOORKUNNAM VILLAGE,
MUVATTUPUZHA, ERNAKULAM, PIN - 686 673.

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BY ADV P.K.SREEVALSAKRISHNAN

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RESPONDENTS:

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1 REVENUE DIVISIONAL OFFICER (RDO) REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA, ERNAKULAM, PIN - 686 661.

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2 THE THASILDAR, KUNNATHUNAD TALUK OFFICE PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683 542.

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3 VILLAGE OFFICER

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PERUMBAVOOR VILLAGE OFFICE, KUNNATHUNAD TALUK, ERNAKULAM, PIN - 683 542.

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4 AGRICUTLURAL OFFICER KRISHI BHAVAN, PERUMBAVOOR, PERUMBAVOOR P.O., ERNAKULAM, PIN - 683 542.

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5 LOCAL LEVEL MONITORING COMMITTEE PERUMBAVOOR MUNICIPALITY, REP. BY ITS CHAIRMAN, AGRICULTURAL OFFICER, PERUMBAVOOR KRISHI BHAVAN, ERNAKULAM, PIN - 683 542.

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BY ADV

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SRI.RIYAL DEVASSY – SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.5381 OF 2021

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JUDGMENT

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Dated this the 8^th day of August, 2023

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By Ext.P5, the petitioner has been required to remit an amount of Rs.2,14,880/- towards conversion fee as the petitioner wants to change the nature of her land in Revenue records, as per Rule 12 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008.

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Going through the pleadings and after hearing the parties, I find that the total extent of property possessed by the petitioner is 3.16 Ares (less than 25 Cents). The petitioner had came into possession of the property in the year 2017 even prior to the introduction of 27A in the Kerala Conservation of Paddy Land and Wetland Act, 2008.

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In the facts of the case, I find that the petitioner is not liable to pay any fee for effecting change of nature of the land in Revenue records as the extent of land involved is less than 25

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W.P.(C) No.5381 OF 2021

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Cents. Ext.P5 is therefore set aside. The 1^st respondentRevenue Divisional Officer is directed to reconsider the

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application submitted by the petitioner and pass orders afresh under the Kerala Conservation of Paddy Land and Wetland Rules, 2008, within a period of two months.

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Sd/- N.NAGARESH JUDGE

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ded

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W.P.(C) No.5381 OF 2021

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APPENDIX OF WP(C) 5381/2021

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE RDO,
MUVATTUPUZHA DATED 24/08/2017.
EXHIBIT P2TRUE COPY OF THE APPLICATION DATED
12/10/2017 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT.
EXHIBIT P3TRUE COPY OF THE JUDGMENT DATED
22/05/2018 IN W.P.(C) NO.16262 OF 2018
BEFORE THIS HON'BLE COURT.
EXHIBIT P4TRUE COPY OF THE ORDER DATED 09/09/2020
BEFORE THE 1ST RESPONDENT.
EXHIBIT P5TRUE COPY OF THE ORDER DATED 19/02/2021
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6TRUE COPY OF THE GOVERNMENT ORDER DATED
25/02/2021.

Jessy v. Revenue Divisional Officer (Rdo)

Case brief

What is this about?

What did the court decide?

Jessy v. Revenue Divisional Officer (Rdo)

Case brief

What is this about?

What did the court decide?

What the court decided

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