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2023 Supreme(Online)(KER) 9791

HIGH COURT OF KERALA
A.J.DESAI, CJ, V. G. Arun, J
STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE – Appellant
Versus
MOUSHMI ANN JACOB – Respondent


Advocates:
GOVERNMENT PLEADER S.SAJITH, ADV.JOBY JACOB PULICKEUDY

ORDER

V.G.Arun,J By the judgment sought to be reviewed, the writ appeal filed by the review petitioners was dismissed on finding that the direction in the impugned judgment was issued in terms of the statutory provision and the schedule of fees.

2. Adv.S.Renjith, the learned Special Government Pleader appearing for the review petitioners contended that, while dismissing the writ appeal, this Court failed to consider the spirit of the notification dated 25/2/2021, granting exemption from conversion fees only for lands up to 25 cents in extent. According to the Government Pleader, the intention of issuing the notification is to support the persons intending to construct residential houses or small buildings in their property having an extent of less than 25 cents. It is contended that the above purpose will be defeated if the benefit of exemption is extended to persons owning large extents of land.

3. Advocate Joby Jacob Pulickekudy appearing for the respondent submitted that no ground for review is made out and in as much as the schedule of fees is unambiguously worded, the review petitioners cannot contend that the intention of the notification is something else.

4. The statutory prov

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