Yousuf, vs State of Kerala,

Type Court Judgment Court Kerala Decided Mar 10, 2025

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Citation: sooperkanoon.com/1283700
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Mar 10, 2025
Case Number: WP(C)/44020/2024
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Yousuf,

Respondent

State of Kerala,

Excerpt

.....property as per ext.p1 sale deed dated 13.04.2016, and since the extent of the said property is less than 25 cents, he is entitled to exemption as contemplated in serial no. 1 in the schedule of the kerala conservation of paddy land and wetland rules, 2008.3. on going through ext.p1, it is evident that thepetitioner has purchased the property before 30.12.2017, the cut off date prescribed under note 2 of the schedule to the kerala conservation of paddy land and wetland rules, 2008, wherein it is mentioned that the properties sub divided from larger extent, after the said cut off date shall not entitled to exemption. the petitioner is eligible to exemption as the extent of the property is less than 25 cents and also considering that he purchased the property before the cut off date as referred to above. the issue raised by the petitioner is also covered as per the division bench judgment produced as ext.p8 in this writ petition, namely w.a. no. 352/2023.in such circumstances, this writ petition is disposed of quashing ext.p6, with a direction to the 2 nd respondent to process the application submitted by the petitioner in form-6 without insisting for any conversion fee. necessary orders in this regard shall be passed within a period one month from the date of receipt of copy of this judgment. sd/- ziyad rahman a.a. judge sm/22.03 appendix of wp(c) 44020/2024petitioner exhibits exhibit p1 true copy of the sale deed no.968/1/2016 of the mathilakam s.r.o., dated 13.04.2016 exhibit p2 true copy of the land tax receipt bearing no.kl08050510153/2024 dated 05.08.2024 issued from the kaipamangalam village office exhibit p3 true copy of the application bearing application no. 4/2023/1484448 dated 15.07.2023 issued from the office of the 2nd respondent exhibit p4 true copy g.o.(rt) no.1166/2021/rev dated 25.02.2021exhibit p4(a) true copy sro 369/2021 dated 21.4.2021 exhibit p4(b) true copy the circular dated 23.07.2021 exhibit p5 .....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 WP(C) NO. 44020 OF 2024 PETITIONER/S: YOUSUF, AGED 71 YEARS S/O KUJUPOKERKUTTY, MATHILAKATT VEETTIL (H), KAIPAMANGALAM P.O., KAIPAMANGALAM VILLAGE, THRISSUR, PIN - 680681 BY ADVS. RASHEEK AHAMED B.A. THAREEK T.S. RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, IRINGALAKKUDAL, THRISSUR DISTRICT, PIN - 680125 OTHER PRESENT: Smt.Deepa.V, G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is the absolute owner in possession of 6 Ares 27 Sq. Mtrs of land comprised in Sy. No.334/3A-2 of Block No.1 in Kaipamangalam Village, Kodungallur Taluk in Thrissur District. The challenge raised by the petitioner in this writ petition is against Ext.P6 notice issued by the 2 nd respondent as part of processing the application submitted by the petitioner in Form-6, for removing the entry of the petitioner’s property from the Revenue Records as paddy land. As per Ext.P6, an amount of Rs.4,18,057/- was demanded as conversion fee in respect of the property in question.

2. According to the petitioner, the said demand is

unsustainable in view of the fact that, the petitioner has purchased the said property as per Ext.P1 sale deed dated 13.04.2016, and since the extent of the said property is less than 25 cents, he is entitled to exemption as contemplated in Serial No. 1 in the Schedule of the Kerala Conservation of Paddy Land and Wetland Rules, 2008.

3. On going through Ext.P1, it is evident that the

petitioner has purchased the property before 30.12.2017, the cut off date prescribed under Note 2 of the Schedule to the Kerala Conservation of Paddy Land and Wetland Rules, 2008, wherein it is mentioned that the properties sub divided from larger extent, after the said cut off date shall not entitled to exemption. The petitioner is eligible to exemption as the extent of the property is less than 25 cents and also considering that he purchased the property before the cut off date as referred to above. The issue raised by the petitioner is also covered as per the Division Bench judgment produced as Ext.P8 in this writ petition, namely W.A. No. 352/2023.

In such circumstances, this writ petition is disposed of quashing Ext.P6, with a direction to the 2 nd respondent to process the application submitted by the petitioner in Form-6 without insisting for any conversion fee. Necessary orders in this regard shall be passed within a period one month from the date of receipt of copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/22.03 APPENDIX OF WP(C) 44020/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.968/1/2016 OF THE MATHILAKAM S.R.O., DATED 13.04.2016 Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.KL08050510153/2024 DATED 05.08.2024 ISSUED FROM THE KAIPAMANGALAM VILLAGE OFFICE Exhibit P3 TRUE COPY OF THE APPLICATION BEARING APPLICATION NO. 4/2023/1484448 DATED 15.07.2023 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT Exhibit P4 TRUE COPY G.O.(RT) NO.1166/2021/REV DATED 25.02.2021

Exhibit P4(a)              TRUE COPY SRO 369/2021 DATED 21.4.2021
Exhibit P4(b)              TRUE COPY THE CIRCULAR DATED 23.07.2021
Exhibit P5                 TRUE COPY OF THE RECEIPT BEARING RECEIPT NO.

NO.KL08050509100/2023 DATED 15.07.2023 Exhibit P6 TRUE COPY OF THE ORDER BEARING FILE NO. RESPONDENT TO THE PETITIONER Exhibit P7 TRUE COPY OF THE COMMUNICATION LETTER DATED 22.10.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P8 TRUE COPY OF THE JUDGMENT W.A.NO.352/2023 DR.A.V.SAJEEV V. THE REVENUE DIVISIONAL OFFICER DATED 27.02.2023 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE

Same Court & Year Kerala · 2025 Same Parties Yousuf, vs State of Kerala, Same Subject Land Acquisition Same Judge Honourable Mr.Justice Ziyad Rahman a.a.