Determination of property extent under conservation rules for fee exemptions.

JUDGMENT

The petitioner had filed an application under Form 6 of the Kerala Conservation of Paddy Land and Wetland Rules , 2008 seeking change in the nature of the property. By an order at Ext.P7 dated 18.07.2023, the RDO has allowed the afore application, however directing the petitioner to satisfy an amount in excess of Rs.12 lakhs as fee payable thereunder. It is the direction to remit the fee as above, which is challenged in this writ petition pointing out that since the extent of the property being less than 25 cents, the petitioner was entitled for the benefit of exemption extended by the Government.

2. Heard Sri.C.M.Mohammed Iquabal, the learned counsel for the petitioner, as well as Sri.Unnikrishna Kaimal, the learned Government Pleader.

3. This Court notices from a perusal of Exts.P8 and P9 that the total extent of the property covered by Form 6 application was only 21.5 cents. It is also recorded in Ext.P7 the impugned order, however showing the extent as Ares.

In such circumstances, I am of the opinion that the matter requires to be reconsidered by the RDO. Therefore, Ext.P7 is set aside. The RDO or the authorised officer to verify as to whether the extent of the property is less than 25 cents and if it is so, extended the benefits available under the provisions of the statute. Fresh orders should be passed within a period of four months from today.

Sd/-