Dismissed

P.J Sebastian v. State of Kerala

Kerala HC4 Apr 2023WP(C)/7442/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging a demand for fees for a land conversion application filed in the wrong form. The High Court set aside the demand and directed the authorities to accept a correct Form 9 application submitted within two weeks and decide it within three months.

What did the court decide?

Set aside the demand for fees and directed the respondents to accept a Form 9 application submitted within two weeks and decide it within three months.

P.J Sebastian Vs State of Kerala — Writ and Judicial Review | 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 MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 4^TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945

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WP(C) NO.7442 OF 2023

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PETITIONER :-

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P.J SEBASTIAN, AGED 90 YEARS S/O.LATE JOSEPH, PERAYIL HOUSE, PADINJATTUMCHERIYIL, THEKKEMURI, VAIKOM P.O, KOTTAYAM DISTRICT, PIN – 686 141

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BY ADVS. KAVERY S THAMPI KRISHNA DAS

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RESPONDENTS :-

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1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001

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2 THE REVENUE DIVISIONAL OFFICER PALA, KOTTAYAM DISTRICT, PIN – 686 575

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3 THE VILLAGE OFFICER VILLAGE OFFICE VAIKOM, KOTTAYAM, PIN – 686 141 SMT.PARVATHY.K, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.7442 OF 2023

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-: 2 :-

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JUDGMENT

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Dated this the 4th day of April, 2023

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This writ petition is filed challenging Ext.P8 demand for fees and seeking directions to the 2^nd respondent to treat the application submitted by the petitioner in Form 6 as one filed under Form 9 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, 'the 2008 Act').

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It is submitted by the learned counsel for the petitioner that the petitioner is the owner of 14.57 Ares of property in Survey No.190/23 of Vaikom Village in Vaikom Taluk. The property was converted even prior to the promulgation of the Kerala Land Utilization Order on 4.7.1967. The petitioner had sought orders from the RDO producing material to show that the property stood converted even prior to 1967. However, by mistake, what was submitted was an application in Form 6 instead of Form 9. It is submitted that a demand has now been raised for fees amounting to more than Rs.10 lakhs in respect of the property.

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The learned Government Pleader submits, on instructions, that if a Form 9 application is duly submitted by the petitioner with all necessary accompanying documents, the same will be considered notwithstanding the wrong submission of the Form 6 application by the petitioner.

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WP(C) NO.7442 OF 2023

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-: 3 :-

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In the above view of the matter, this writ petition is disposed of setting aside Ext.P8 demand and directing the consideration of the Form 9 application to be submitted by the petitioner. In case the petitioner submits a proper application in Form 9 within two weeks from the date of receipt of a copy of this judgment along with all necessary documents, the same shall be received by the 2^nd respondent and appropriate orders passed thereon within a period of three months thereafter.

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Sd/ANU SIVARAMAN JUDGE

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Jvt/11.4.2023

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WP(C) NO.7442 OF 2023

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-: 4 :-

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APPENDIX OF WP(C) 7442/2023

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PETITIONER EXHIBITS

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Exhibit	P1 A TRUE COPY OF THE TAX RECEIPT ISSUED IN FAVOR OF THE PETITIONER FROM VAIKOM VILLAGE OFFICE DATED 21.06.2022
Exhibit	P2 A TRUE COPY OF THE SALE DEED NO: 5529/1962 OF SUB REGISTRAR OFFICE, VAIKOM DATED 5.11.1962
Exhibit	P2(a) TYPED COPY OF EXT P2
Exhibit	P3 A TRUE COPY OF THE RELEASE DEED NO: 600/1977 OF SUB REGISTRAR OFFICE, VAIKOM DATED 21.02.1977
Exhibit	P3(a) TYPED COPY OF EXT P3
Exhibit	P4 PHOTOGRAPH OF PETITIONER'S PROPERTY
Exhibit	P5 TRUE COPY OF THE DATA BANK PUBLISHED FOR VAIKOM VILLAGE, SY.NO. 190/22 OBTAINED UNDER RIGHT TO INFORMATION ACT DATED 3.11.2021
Exhibit	P6 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM 6 OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND RULES 2008 BEFORE THE 2ND RESPONDENT DATED 2.08.2021
Exhibit	P7 A TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27.08.2021
Exhibit	P8 A TRUE COPY OF THE PROCEEDINGS/ COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 2.08.2022 IN FILE NO: L2-0232/2022

P.J Sebastian v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.J Sebastian v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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