Rahim P.B. vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 17, 2022

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Citation: sooperkanoon.com/1444725
Court: Kerala High Court
Judge: Honourable Mr. Justice T.R.Ravi
Decided On: Mar 17, 2022
Case Number: WP(C)/2177/2022

Parties & Advocates

Appellant / Petitioner

Rahim P.B.

Respondent

State of Kerala

Excerpt

.....the nature of 3.64 ares of land belonging to him. by ext.p2, the petitioner was directed to remit a sum of rs.3,64,000/- for the purpose of conversion of the land. petitioner challenges the above order. the petitioner was also directed to stop any unauthorised construction in the area.2. the counsel submits that the total extent of land soughtto be converted is less than 25 cents and going by the schedule to the act as amended by ext.p1 government order dated 25.02.2021, no fee can be levied for conversion of areas less than 25 cents. the petitioner also relies on the judgment of this court in w.p.(c)no.3797/2020 pursuant to which circular dated 10.12.2021 has been issued by the revenue department. i find considerable force in the contention raised by the petitioner. in the above circumstances, the writ petition is allowed. ext.p2 is set aside. the 2nd respondent is directed to reconsider the wp(c) no. 2177 of 2022 3 application submitted by the petitioner in accordance with government order dated 25.02.2021 and amendment of the schedule as also circular dated 10.12.2021, without insisting on the payment of any fee for conversion. necessary orders shall be passed by the 2nd respondent within three months from the date of receipt of a copy of this judgment. needless to say, once orders are issued as directed above, ext.p4 stop memo can no longer survive. sd/- sd/- t.r.ravi judge dsn wp(c) no. 2177 of 2022 4 appendix of wp(c) 2177/2022 petitioner exhibits exhibit p1 a true photocopy of the g.o.(rt) no.1166/2021/revenue dated 25/02/2021 issued by the government of kerala. exhibit p2 a true photocopy of the notice dated respondent. exhibit p3 a true photocopy of the site approval and building permit dated 23/07/2021 granted by the 4th respondent. exhibit p4 a true photocopy of the stop memo dated

Full Judgment

WP(C) NO. 2177 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943 WP(C) NO. 2177 OF 2022 PETITIONER: RAHIM P.B. AGED 40 YEARS PIKKATHUPARAMBIL HOUSE, PANAYIKULAM, ALANGAD P.O., ERNAKULAM DISTRICT - 683 511. BY ADV SRI BINU PAUL RESPONDENTS: 1 STATE OF KERALA DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 REPRESENTED BY ITS SECRETARY. 2 REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, FORT KOCHI - 682 001. 3 VILLAGE OFFICER VILLAGE OFFICE, ALANGAD, 4 SECRETARY ALANGAD GRAMA PANCHAYAT, ALANGAD, R1 TO R3 BY SRI. B.S.SYAMANTHAK, GOVT.PLEADER R4 BY ADV SRI DINESH MATHEW J.MURICKEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALY HEARD ON 17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2177 OF 2022 2
T.R. RAVI, J.
W. P. (C). No.2177 of 2022 Dated this the 17th day of March, 2022

JUDGMENT

The petitioner has submitted an application before the 2 nd respondent for changing the nature of 3.64 Ares of land belonging to him. By Ext.P2, the petitioner was directed to remit a sum of Rs.3,64,000/- for the purpose of conversion of the land. Petitioner challenges the above order. The petitioner was also directed to stop any unauthorised construction in the area.

2. The counsel submits that the total extent of land sought

to be converted is less than 25 cents and going by the schedule to the Act as amended by Ext.P1 Government order dated 25.02.2021, no fee can be levied for conversion of areas less than 25 cents. The petitioner also relies on the judgment of this Court in W.P.(C)No.3797/2020 pursuant to which circular dated 10.12.2021 has been issued by the Revenue Department. I find considerable force in the contention raised by the petitioner. In the above circumstances, the writ petition is allowed. Ext.P2 is set aside. The 2nd respondent is directed to reconsider the WP(C) NO. 2177 OF 2022 3 application submitted by the petitioner in accordance with Government Order dated 25.02.2021 and amendment of the Schedule as also Circular dated 10.12.2021, without insisting on the payment of any fee for conversion. Necessary orders shall be passed by the 2nd respondent within three months from the date of receipt of a copy of this judgment. Needless to say, once orders are issued as directed above, Ext.P4 stop memo can no longer survive. Sd/- Sd/- T.R.RAVI JUDGE dsn WP(C) NO. 2177 OF 2022 4 APPENDIX OF WP(C) 2177/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE G.O.(RT) NO.1166/2021/REVENUE DATED 25/02/2021 ISSUED BY THE GOVERNMENT OF KERALA. Exhibit P2 A TRUE PHOTOCOPY OF THE NOTICE DATED RESPONDENT. Exhibit P3 A TRUE PHOTOCOPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 23/07/2021 GRANTED BY THE 4TH RESPONDENT. Exhibit P4 A TRUE PHOTOCOPY OF THE STOP MEMO DATED

Same Court & Year Kerala · 2022 Same Parties Rahim P.B. vs State of Kerala Same Judge Honourable Mr. Justice T.R.Ravi