Under Section 27A of the Kerala Conservation of Paddy land and Wetland Act, 2008, no conversion fees are payable for conversion of land up to 25 cents.

JUDGMENT

The petitioner is the owner in possession of 2.24 Ares (5.53 cents) of land comprised in Survey No.648/2-15 of Elamkulam Village, Kanayannur Taluk, Ernakulam District. Since the land of the petitioner was removed from the data bank, the petitioner made Ext.P3 application in Form No.6 for change of nature of land. By Ext.P6, the petitioner was directed to pay an amount of Rs.4,47,283/- as conversion fee by the 1st respondent. The same is challenged in this writ petition. According to the petitioner, since the extent of land for which Form 6 application has been filed is less than 20.2 Ares (25 cents), no conversion fees can be levied as per Section 27A of the Kerala Conservation of Paddy land and Wetland Act, 2008 (hereinafter referred to as the '2008 Act’).

2. As per Section 27A of the 2008 Act and schedule of fee, no fees is payable for conversion upto 25 cents. The petitioner has produced Ext.P11 prior deed in respect of his property covered by Ext.P12 title deed. On a perusal of the same, it can be seen that the extent of the property is 2.24 Ares as on 30.12.2017. In view of the same, the demand for conversion fee made in Ext.P6 cannot be sustained. Accordingly, the same is set aside. The 1st respondent is directed to consider the application of the petitioner in Form 6 afresh, in the light of the aforesaid observations and taking note of Exts.P5, P11 and P12, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall submit a copy of the writ petition along with a copy of the judgment before the 1st respondent.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE bng APPENDIX OF WP(C) 41336/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED

27.10.2023 Exhibit P2 TRUE COPY OF THE FORM-5 APPLICATION DATED 05.08.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE FORM-6 APPLICATION DATED 05.08.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE REPORT ISSUED BY THE AGRICULTURAL OFFICER, CONVENER OF THE LOCAL LEVEL MONITORING COMMITTEE DATED

28.08.2021 Exhibit P5 TRUE COPY OF THE ORDER NO.

RDOCHN/4467/2022-K11 DATED 09.09.2022 ISSUED BY THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE NOTICE NO.

RDOCHN/4467/2022-K11 DATED 16.11.2023 ISSUED BY THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE GOVERNMENT NOTIFICATION NO. 1166/2021/REV. DATED

25.02.2021 Exhibit P8 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO. 2868/18 DATED

12.02.2018 EVIDENCING THE NON-

FRAGMENTED EXTENT OF THE PROPERTY EVER SINCE THE YEAR 2000 Exhibit P9 TRUE COPY OF THE REPLY LETTER DATED

21.11.2023 ISSUED BY THE PETITIONER Exhibit P10 TRUE COPY OF THE POSTAL TRACK RECEIPT EVIDENCING THE DELIVERY OF THE EXHIBIT P9 REPLY ON THE 1ST RESPONDENT Exhibit P11 TRUE COPY OF THE SALE DEED NO.

2983/2010 DATED 18.08.2010 Exhibit P12 TRUE COPY OF THE SALE DEED NO. 841/18 DATED 23.06.2018