Kerala High Court
Anil Abraham vs The Revenue Divisional Officer on 1 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
WP(C) NO. 28764 OF 2022
PETITIONER:
ANIL ABRAHAM
AGED 81 YEARS
KODINJOOR, ERAVIPEROOR VILLAGE, THIRUVALLA, PIN - 689
645 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ITTI
AVIRA SAMUEL, KODINJOOR, ERAVIPEROOR VILLAGE,
THIRUVALLA, PIN- 689 645.
BY ADVS.
T.P.PRADEEP
P.K.SATHEES KUMAR
MINIKUMARY M.V.
R.K.PRASANTH
JIJO JOSEPH
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, THIRUVALLA, PIN - 689 101.
2 THE TAHAZILDAR (LR)
TALUK OFFICE, THIRUVALLA - 689 101.
G.P., RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No. 28764 of 2022 2
VIJU ABRAHAM , J.
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WP(C) No. 28764 of 2022
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Dated this the 1st day of March, 2023
JUDGMENT
Petitioner has filed Ext P7 application in Form-7 which has been considered by the authorities and petitioner was directed as per Ext P8 communication to remit an amount of Rs. 29,05,157/-, and the same is now under challenge in this writ petition. The petitioner submits that he along with his wife have obtained 6.48 Ares, 10.52 Ares and 6.07 Ares of land comprising in Re Survey No.386/5-1-5 (386/5-1-1), 386/5-1-2, 386/5-1-3 respectively of Eraviperoor Village. Petitioner also obtained 8.9 Ares, 2.43 Ares and 0.40 Ares of land comprising in Re survey No: 386/5-1-4, 386/8-1 and 386/8-3 respectively of Eraviperoor Village.
2. Petitioner submits that the above lands were reclaimed about 50 years back and coconunt trees aged more than 40 years are standing in the said land. The surrounding properties are dry lands with buildings and K.K. road is passing through the boundary of the land. Even though the land is described as 'Nilam' in the Basic Tax Register, it is not included in the data bank prepared by the Eraviperoor Panchayath. WP(C) No. 28764 of 2022 3
3. It is submitted by the petitioner that he has preferred an application before the 1st respondent for getting permission under clause 6(2) of the Land Utilisation Order, 1967 for the lands having an extent of 6.48 Ares, 10.52 Ares and 6.07 Ares comprising in Re Survey No. 386/5-1-5 (386/5-1-1), 386/5-1-2, 386/5-1-3 respectively of Eraviperoor Village to utilize the land for purposes other than agricultural activities. Pursuant to a direction issued by this Court in Ext P4 judgment, the said application was considered and by Ext P5 order, the said application was allowed. After obtaining permission under clause 6 of the Kerala Land Utilisation Order, petitioner obtained Ext P6 building permit from Eraviperoor Grama Panchayath for construction of Auditorium and based on Ext P6 building permit, petitioner has completed construction of the Auditorium.
4. Thereafter, the petitioner has submitted a Form-7 application under Section 27 A of the Amended Act. Petitioner submits that it is due to an inadvertent mistake that the said application was submitted in respect of properties which were covered by Ext P5 permission granted as per Ext P5 order. On the basis of Ext P7 application the petitioner was directed to remit an amount of Rs. 29,05,157/- as prescribed fee for changing the classification of petitioner's entire property. WP(C) No. 28764 of 2022 4
5. Petitioner has a specific case that the fee was calculated at 20% of the fair value of entire land and Rs. 100 per Sq Ft for the area above 3000 SqFt of the building. Petitioner's contention is that Ext P7 application should be considered only in respect of the properties other than covered by Ext P5 and that the amount now demanded as per Ext P8 is also for the properties included in Ext P5 and also taking into consideration the building constructed in the said property. Petitioner contended on the basis of the judgment of this Court in District Collector, Ernakulam & Others Vs. Fr. Jose Uppani & Others (2020 (4) KHC 394 (DB) that the amended provisions of the Kerala Conservation of Paddy Land and Wetland Act has no application for the applications filed/Orders secured under KLU order prior to cut off date i.e. 30.12.2017. Since petitioner by mistake has included in Ext P7 application, lands covered as per Ext P5, submits that he would file a fresh application in proper form and seeks for a direction to the 1st respondent to consider the same in accordance with law.
As the petitioner submits that he is filing a fresh application in this regard, there will be direction to the 1 st respondent to consider and pass appropriate orders on the same, in accordance with law, within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being WP(C) No. 28764 of 2022 5 heard to the petitioner. Petitioner shall also be free to file written notes of argument and produce the judgment relied on by him. The petitioner shall submit a fresh application before the 1 st respondent along with a copy of this judgment. The submission of the petitioner that he is withdrawing Ext P7 application is recorded.
With the above said observation and direction, the writ petition is disposed of.
Sd/-
VIJU ABRAHAM JUDGE sbk/-
WP(C) No. 28764 of 2022 6
APPENDIX OF WP(C) 28764/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT ISSUED FROM THE VILLAGE OFFICE, ERAVIPEROOR.
Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ERAVIPEROOR.
Exhibit P3 TRUE COPY OF THE TAX RECEIPT ISSUED FROM THE VILLAGE OFFICE, ERAVIPEROOR.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 08/01/2015 IN WP(C) 547/2015.
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY 1ST RESPONDENT DATED 06/03/2015 BEARING NO.A3-153/15.
Exhibit P6 TRUE COPY OF THE BUILDING PERMIT DATED 20/04/2018 ISSUED FROM THE ERAVIPEROOR GRAMA PANCHAYAT.
Exhibit P7 TRUE COPY OF THE FORM-7 APPLICATION DATED 30/09/2019.
Exhibit P8 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT BEARING NO.A3 4200/19.
Exhibit P9 TRUE COPY OF THE APPLICATION FORM A SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WITH COVERING LETTER DATED 26/08/2022.