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2023 Supreme(Ker) 603

A. J. DESAI, V. G. ARUN
State Of Kerala – Appellant
Versus
Moushmi Ann Jacob – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL, SHRI.S.RENJITH, SPL. G.P. TO A.A.G()
For the Respondent: JOBY JACOB PULICKEKUDY

JUDGMENT :

V.G.Arun, J.

The writ appeal is filed by the Government challenging the direction to exclude 25 cents, while computing the fee for changing the nature of the writ petitioner's land.

2. The short facts are as under;

The writ petitioner is the owner of 14.5 Ares of land (36.65 cents). The property is entered as paddy land in the revenue records, although it has been lying as dry land for many decades. Hence, the writ petitioner submitted an application to remove the property from the data bank. Accordingly, the property was removed from the data bank by order dated 30.01.2021. Later, the writ petitioner was served with a notice, requiring him to remit conversion fee of Rs.1,74,814/-, being 10% of the fair value of the adjacent property. The writ petitioner sought refixation of the fees based on Ext.P6 judgment. The third respondent sent a reply informing that refixation is not possible as the position has been clarified by a subsequent Government Order. Aggrieved, the writ petitioner approached this Court contending that, as per Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act (“the Act”) and the Schedule of fee, no fees is payable for conversion up to 25

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