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2020 Supreme(Ker) 788

ALEXANDER THOMAS
Ajith Kumar Shenoy S/o Narayana Shenoy – Appellant
Versus
Revenue Division Officer/Sub Collector, Kottayam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. P.K. Soyuz.
For the Respondent: Sri. K.J. Manu Raj.

JUDGMENT :

ALEXANDER THOMAS, J.

1. As same issue is involved in both the cases, these Writ Petitions (Civil) are disposed of on the basis of common judgment.

2. The case set up in W.P. (C) No. 12721/2020 is as follows:

    That the petitioner is in ownership and in possession of 10.15 Ares (25.08 cents) of land comprised in Re. Sy. Nos. 128/27-2, 128/28-1, 128/15-3 and 128/28-3-1-1 in block No. 25 of Perumbayikkadu Village Kottayam Taluk. The lands are classified as Nilam in the BTR and recorded as converted land in data Bank prepared by the 2nd respondent LLMC. Since the land is classified as nilam in the BTR Petitioner had submitted Ext.P1 application under Section 27A of the Kerala Conservation of Paddy land and Wet land Act in form No. 6 with the prescribed documents, to the 1st respondent for change of nature of the land and also for permission to utilize 10.15 Ares (25.08 cents) covered by T.P. No. 8415 and 11175 of Perumbayikkadu Village. Petitioner had also paid the prescribed application fee of Rs. 1,000/-. As per Section 27A(3) of the Amendment Act 29 of 2019 petitioner is to pay the prescribed fee of 20% of the ‘Fair Value’ of the land since land is in Municipal Area. The Fair v

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