Kerala High Court
Aingel Kuttappaserry Cleatus vs The Revenue Divisional Officer on 21 September, 2023
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) NO. 23021 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
WP(C) NO. 23021 OF 2023
PETITIONER/S:
AINGEL KUTTAPPASERRY CLEATUS
AGED 35 YEARS
WIFE OF JYOTHISH JOHNY, KUTTAPPASERRY HOUSE, NEAR CHELLANAM
VILLAGE OFFICE, CHELLANAM P.O, ERNAKULAM DISTRICT NOW
RESIDING AT JBRC 4156, BUILDING NO.4156, ABU FIROS,
HAMADANI AR RUWANI DISTRICT -23215, JEDDAH, KINGDOM OF
SAUDI ARABIA., PIN - 682006
BY ADVS.
K.JAGADEESH
V.RENJU
NIKHEL K GOPINATH
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, OPPOSITE TO
DISTRICT COURT COMPLEX, SH-40, THODANKULANGARA, ALAPUZHA
DISTRICT, PIN - 688013
2 THE VILLAGE OFFICER
EZHUPUNNA VILLAGE OFFICE, ERAMALLOOR , ERAMALLOOR P.O,
CHERTHALA, ALAPUZHA DISTRICT, PIN - 688537
SMT.DEVISHRI (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23021 OF 2023
2
BECHU KURIAN THOMAS, J.
========================
W.P.(C)No.23021 of 2023
------------------------------------------------
Dated this the 21st day of September, 2023
JUDGMENT
Petitioner is the owner of 1.61 Ares of property comprised in Sy.No.232/12A/1 and Sy.No.232/12A/2 of Ezhupunna Village, Cherthala Taluk. The property was purchased by the petitioner as per Ext.P2 sale deed on 17.10.2018. The predecessor-in-title of the petitioner possessed only 10 cents of property as evidenced by Ext.P1 title deed, from which the petitioner claims to have purchased a small extent of property covered by Ext.P2 sale deed.
2. According to the petitioner, his property being an unnotified land he filed Form 6 application under the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short 'the Rules') seeking permission to change the nature of land in the revenue records. However, by Ext.P4 communication dated 21.02.2022, petitioner was directed to pay an amount of Rs.2,09,300/- as conversion fee under Section 27(3) of the Act.
3. Sri.Jagadeesh.K, learned Counsel for the petitioner submitted that the extent of land owned by the predecessor-in-title of the petitioner as on 30.12.2017, was less than 25 cents and petitioner also owns land less than 25 cents and therefore, as per WP(C) NO. 23021 OF 2023 3 the decision in Revenue Divisional Officer/Sub Collector v. Dr.A.V.Sajeev [2023 (4) KLT 331] , petitioner is not liable to pay any conversion fee.
4. I have heard Smt.Devishri.R., learned Government Pleader as well.
5. It is settled that if the extent of land owned by the petitioner or his predecessor-in-title from which the property was purchased is less than 25 cents, no conversion fee is payable. In the decision in Dr.A.V.Sajeev's case (supra), this Court had categorically laid down the aforesaid law..
6. Since it is evident from Exts.P1 and P2 title deeds that the petitioner and his predecessor-in-title own land less than 25 cents, no conversion fee is liable to be paid.
7. Therefore, there will be a direction to the 1st respondent to process Ext.P3 application, dated 19.02.2022 filed under Form 6 of the Rules,, without insisting on payment of fee and pass appropriate orders, 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 writ petition is disposed of accordingly.
BECHU KURIAN THOMAS JUDGE jm/ WP(C) NO. 23021 OF 2023 4 APPENDIX OF WP(C) 23021/2023 PETITIONER EXHIBITS Exhibit.P.1 TRUE COPY OF SALE DEED NO. 3661 /1997 OF SUB REGISTRARS OFFICE KUTHIATHODE DATED 24-11-1997 Exhibit.P.2 TRUE COPY OF THE SALE DEED NO.1781/2018 OF SUB REGISTRARS OFFICE KUTHIATHODE, DATED 17-10-2018 Exhibit.P.3 A TRUE PHOTOSTAT COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA DATED 19-02-2022 Exhibit.P.4 TRUE COPY OF THE COMMUNICATION ISSUED BY 1ST RESPONDENT WHICH APPEARED IN THE WEBSITE OF REVENUE DEPARTMENT DATED 21-02-2022 Exhibit.P.5 A TRUE PHOTOSTAT COPY OF G.O.NO.1166/2021 DATED 25-2-2021 Exhibit.P.6 A TRUE PHOTOSTAT COPY OF THE JUDGMENT REPORTED IN SUMESH VS RDO, PALAKKAD 2023(2)KLJ 390