Remanded

Eliyamma Joseph v. the Revenue Divisional Officer

Kerala HC11 Apr 2023WP(C)/6403/2023

Case brief

AI extract

What is this about?

Single judge writ petition allowing challenge to proceedings regarding fixation of fees for a Form 6 application. Court set aside impugned order and directed reconsideration of fee assessment based on the statutory definition of fair value.

What did the court decide?

Ext.P4 proceedings set aside; direction to 1st respondent to consider Form 6 application and pass orders on fixation of fee after hearing petitioner within six weeks.

Eliyamma Joseph Vs the Revenue Divisional Officer — Kerala HC (2023) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 11^TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945

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WP(C) NO. 6403 OF 2023

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PETITIONER:

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ELIYAMMA JOSEPH AGED 65 YEARS W/O. LATE JOSEPH NAMBELIL HOUSE PAIMATTOM KARA PALLARIMANGALAM MANIKINAR P.O. ERNAKULAM DISTRICT, PIN - 686669

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BY ADV JAI GEORGE

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE MUVATTUPUZHA PATTIMATTOM - MUVATTUPUZHA ROAD ERNAKULAM, PIN - 686673

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2 THE VILLAGE OFFICER KADAVUR VILLAGE VILLAGE OFFICE KADAVUR ERNAKULAM DISTRICT, PIN - 686671

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SRI.APPU.P.S-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 6403 OF 2023

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JUDGMENT

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Dated this the 11^th day of April, 2023

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This writ petition is filed challenging Ext.P4 proceedings and seeking a direction to the respondents to consider and pass fresh orders on Ext.P1 application, after assessing the amount

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to be paid by the petitioner as fee.

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The learned counsel for the petitioner submits that the

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definition of fair value in the Kerala Conservation of Paddy Land

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and Wet Land Act, 2008 is specifically that fair value of the adjacent garden land. It is submitted that initially the fair value of the property belonging to the petitioner was reported by the Village Officer which was later revised and at present the fair value is taken as Rs.1,50,000/- per Are. It is submitted that the definition of fair value has been given a complete go by while considering the petitioner's application.

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A counter affidavit has been placed on record by the 1^st

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respondent contending that the demand made for payment of

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WP(C) NO. 6403 OF 2023

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fee of Rs.4,19,250/- to allow the Form 6 application is in accordance with the fair value notifications, at the relevant time. It is submitted that Ext.R1(a) report was submitted by the Village Officer after conducting a field inspection and it was found that the subject land comes under residential plot with NH/PWD road access and that the land value for garden land having the same categorization has been accepted.

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Having considered the contentions advanced and in view of the fact that fair value is defined as fair value of garden land adjacent to the unnotified land, I am of the opinion that the issue requires a reconsideration.

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In the above view of the matter, Ext.P4 is set aside, there will be a direction to the 1^st respondent to take up the application submitted by the petitioner and to consider and pass orders on the issue of fixation of the fee to be paid by the petitioner, after hearing the petitioner as well. Necessary orders shall be passed within a period of six weeks from the date of

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WP(C) NO. 6403 OF 2023

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receipt of a copy of this judgment. The application submitted by the petitioner in Form-6 shall also be disposed of thereafter without further delay. The provisions of law and the decisions

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relied on by the petitioner shall also be considered while passing

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orders as directed above.

Sd/-

ANU SIVARAMAN

JUDGE

ska

WP(C) NO. 6403 OF 2023

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APPENDIX OF WP(C) 6403/2023

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE COPY OF THE APPLICATION IN FORM NO. 7 DATED 6.3.2021. Exhibit P2 A TRUE COPY OF THE REPORT NO: 65/21 DATED 20/4/2021 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE TAHSILDAR Exhibit P3 A TRUE COPY OF THE REPORT NO: 65/21 SUBMITTED BY THE 2NDRESPONDENT BEFORE THE 1ST RESPONDENT RESPONDENT EXHIBITS Exhibit R1(a) True copy of the report of village officer dated nil PETITIONER EXHIBITS Exhibit P4 A TRUE COPY OF THE PROCEEDINGS NO. A1111749/2022 DATED 17.2.2023 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.

Eliyamma Joseph v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Eliyamma Joseph v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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