Petitioners challenged a notice demanding fees for changing land nature. The Court noted their land extends below 25 Cents. Disposing the writ, the Court exempted them from fees and directed reconsideration.
Ext.P4 notice set aside; direction to 2nd respondent to reconsider application and pass orders within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 8866 OF 2023
PETITIONERS:
1 JOSE VARGHESE, AGED 55 YEARS, S/O VARGHESE, MUTTOMTHOTTIL HOUSE, POYYAKUNNAM KARA, KIZHAKKAMBALAM P.O., KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN - 6835622 PAUL VARGHESE, AGED 53 YEARS, S/O VARGHESE , MUTTOMTHOTTIL HOUSE, POYYAKUNNAM KARA, KIZHAKKAMBALAM P.O., KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN - 6835623 GEORGE VARGHESE, AGED 51 YEARS, S/O VARGHESE , MUTTOMTHOTTIL HOUSE, POYYAKUNNAM KARA, KIZHAKKAMBALAM P.O., KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN - 683562BY ADVS.
ANISH PAUL
K.V.SURESH KUMAR
RESPONDENTS:
1 STATE OF KERALA, REP. BY IT'S SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT, PIN – 6950012 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISION OFFICE, MINI CIVIL STATION, MUDAVOOR P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN – 6866693 THE TAHSILDAR(LAND RECORDS), KUNNATHUNADU TALUK,TALUK OFFICE, PERUMBAVOOR, PERMBAVOOR P.O, ERNAKULAM DISTRICT, PIN – 683542W.P.(C) No.8866 OF 2023
2
4THE VILLAGE OFFICER,
KIZHAKKAMBALAM VILLAGE OFFICE, KIZHAKKAMBALAM,
KIZHAKKAMBALAM P.O, ERNAKULAM DISTRICT,
PIN – 683562
BY ADV
SMT.AMMINIKUTTY – SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.8866 OF 2023
3
JUDGMENT
Dated this the 23rd day of August, 2023
The petitioners are before this Court aggrieved by Ext.P4 notice demanding fee for changing the nature of land of the petitioners, in Revenue records.
W.P.(C) No.8866 OF 2023
4
pay Rs.2,03,970/-. The petitioners would submit that the extent of land possessed by the petitioner is less than 25 Cents and therefore, they are entitled for fee exemption.
possessed by the petitioners is only 5.23 Ares, which is less than 25 Cents. For lands below 25 Cents, the Government has granted exemption from payment of fee for changing the nature
W.P.(C) No.8866 OF 2023
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of land, in Revenue records.
possessed by the petitioners since the year 1997, even before the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008. In the circumstances, there is no justification for demanding any fee from the petitioners for changing the nature of their land in Revenue records, the extent of land being less than 25 Cents.
In the circumstances, the writ petition is disposed of setting aside Ext.P4 and directing the 2nd respondent-Revenue Divisional Officer to reconsider the application submitted by the petitioners and pass appropriate orders thereon within a period of two months.
Sd/-
N.NAGARESH JUDGE
ded
W.P.(C) No.8866 OF 2023
6
APPENDIX OF WP(C) 8866/2023
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE SALE DEED
NO.4034/1/1997 DATED 03.09.1997 OF
PUTHENCRUZ SUB REGISTER OFFICE
EXHIBIT P2TRUE COPY OF THE TAX RECEIPT DATED
07.10.2022 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P3TRUE COPY OF THE APPLICATION DATED
29.11.2021 IN FORM NO.6 SUBMITTED BY
THE PETITIONERS BEFORE THE 2ND
RESPONDENT
EXHIBIT P4TRUE COPY OF THE NOTICE DATED
14.03.2022 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONERS
EXHIBIT P5TRUE COPY OF THE OBJECTION DATED
07.10.2022 SUBMITTED BY THE PETITIONERS
BEFORE THE 2ND RESPONDENT
EXHIBIT P6TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 21.04.2021 BEARING NO.1471
1 issue framed by the court
Whether fee is payable for changing the nature of land under Rule 12 of Kerala Conservation of the Paddy Land and Wetland Rules when the land extent is less than 25 Cents.
1 provisions across 1 enactments
Jose Varghese
Paul Varghe se
George Varghe se
State of Kerala
Revenue Divisional Officer
Tahsildar (Land Records)
N. Nagares h
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court