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HIGH COURT OF KERALA
T. R. Ravi, J
ANEESH NARAYANAN CHETTIAR – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER, – Respondent
WP(C)/21138/2021
Conversion - Land Ownership - Kerala Conservation of Paddy Land and Wet Land Act, 2008 - Section 27A - Court held that fee for conversion is not applicable for land below 25 cents based on prior judgment.
Fact of the Case:
The petitioners, joint owners of 22 cents of land, applied for conversion under Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, but were directed to pay a conversion fee.
Finding of the Court:
The court found that, in light of a prior judgment, no fee should be insisted upon for lands below 25 cents, resulting in the decision to set aside the fee demand.
Issues: Whether the petitioners are required to pay a fee for the conversion of land that is less than 25 cents.
Ratio Decidendi: The court relied on a previous ruling stating that fees for conversion do not apply to land under 25 cents, reinforcing the application of this legal precedent.
Final Decision: Writ petition allowed; fee direction set aside and reconsideration ordered without fee.
JUDGMENT
The petitioner and his wife are the joint owners of 22 cents (9.21 Ares) of land in Sy.No.357/2-1 and 356/5-1 of Manavalassery Village which was purchased in the year 2016. The petitioner has applied for conversion of the said land under Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act , 2008. By Ext.P11, the petitioner was directed to remit a sum of Rs.4,55,300/- as fee for the purpose of grant of permission. The above direction is challenged by the petitioners.
2. It is submitted that in the light of the judgment of a Division Bench of this Court in Baby V. District Collector reported in( 2021 (6) KLT 316 ) there can be no insistence of payment of fee for conversion of land below 25 cents. Since the extent of land is below 25 cents, it is submitted that the petitioner is entitled to the benefit of Ext.P10 Government Order dated 25.02.2021. The prayer is justified.
Hence the writ petition is allowed. Ext.P11 is set aside. The respondent is directed to reconsider the application submitted by the petitioner in accordance with Government Order dated 25.02.2021 and amendment of the Schedule, without insisting on any payment of fee for the conversion. Necessary orders shall be passed by the respondent within six weeks from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI JUDGE dsn APPENDIX OF WP(C) 21138/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED
15.04.2021.
Exhibit P2 TRUE COPY OF THE LETTER ISSUED BY THE AGRICULTURAL FILED OFFICER TO THE REVENUE DIVISIONAL OFFICER DATED 28.06.2021.
Exhibit P3 TRUE COPY OF THE CHALAN RECEIPT DATED
25.03.2021 EVIDENCING DEPOSIT OF FEE UNDER SEC.27A BEFORE THE REVENUE DIVISIONAL OFFICER.
Exhibit P4 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 29.06.2021 ALONG WITH THE SKETCH OF PETITIONER'S PROPERTY.
Exhibit P5 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 29.06.2021 SUBMITTED BEFORE THE REVENUE DIVISIONAL OFFICER.
Exhibit P6 TRUE COPY OF THE LETTER DATED 03.09.2021 ALONG WITH THE REPORT OF VILLAGE OFFICER, DATED
06.09.2021.
Exhibit P7 TRUE COPY OF THE MAHAZAR PREPARED BY THE VILLAGE OFFICER DATED 23.06.2021.
Exhibit P8 TRUE COPY OF THE LETTER DATED 31.08.2021 OF THE REVENUE DIVISIONAL OFFICER TO THE PETITIONER.
Exhibit P9 TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER AND IS WIFE DATED 06.01.2021.
Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER G.O.NO.
(RT)NO.1166/2021/REV. DATED 25.02.2021.
Exhibit P11 TRUE COPY OF THE LETTER DATED 22.09.2021 ISSUED BY THE REVENUE DIVISIONAL OFFICER.
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