Dileep Kumar, vs the District Collector,

Dileep Kumar, vs The District Collector,

Type Court Judgment Court Kerala Decided Jan 21, 2022

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https://sooperkanoon.com/case/1444757

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Citation: sooperkanoon.com/1444757
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque
Decided On: Jan 21, 2022
Case Number: WP(C)/2197/2022

Parties & Advocates

Appellant / Petitioner

Dileep Kumar,

Respondent

The District Collector,

Excerpt

.....kollam district 691 003. vinitha v gp this writ petition (civil) having come up for admission on 21.01.2022, the court on the same day delivered the following:judgmentthe petitioner's application under section 27a(3) of the kerala paddy and wetland act has been returned stating that this has been submitted after the cut off date and therefore necessary fee will have to be remitted. ext.p3 is the communication received by the petitioner.2. the total extent of petitioner's land is less than 25 cents (4.43 ares). the application has been submitted on 27.09.2019.3. this court in m.k baby vs. district collector & others in [2021 (6) klt 316] struck down the governmentorder levying the payment of fee up to 25 cents of land in anapplication submitted before the cut off date. in view of the binding judgment of this court in m.k baby's case (supra), i am of the view that ext.p3 has to be set aside. consequently, there shall be a direction to 2 nd respondent to take up the application and pass appropriate orders without insisting the payment as mentioned in ext.p3, within a period of two months. the writ petition is disposed of accordingly. sd/- a.muhamed mustaque judge rpk appendix of wp(c) 2197/2022 petitioner exhibits exhibit p1 the copy of the receipts regarding the properties of the petitioner issued by the 3rd respondent dated 24.4.2019. exhibit p2 the copy of relevant page of form no. 6 submitted on 27.9.20219 before the 2nd respondent. exhibit p3 the copy of communication dated 2.9.2021 issued by the 2nd respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943 WP(C) NO. 2197 OF 2022 PETITIONER/S: DILEEP KUMAR, AGED 60 YEARS S/O. DHARMAPALAN, RAJ BHAVAN, ADICHANALLOOR P.O. KOLLAM 691 573. BY ADVS. K.SIJU S.ABHILASH ANJANA KANNATH T.S.SREEKUTTY RESPONDENT/S: 1 THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM, 691 013. 2 THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR, CIVIL STATION, KOLLAM 691 013. 3 THE VILLAGE OFFICER, SAKTHIKULANGARA VILLAGE, KAVANAD P.O., KOLLAM DISTRICT 691 003. Vinitha V GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner's application under Section 27A(3) of the Kerala Paddy and Wetland Act has been returned stating that this has been submitted after the cut off date and therefore necessary fee will have to be remitted. Ext.P3 is the communication received by the petitioner.

2. The total extent of petitioner's land is less than 25 cents (4.43 Ares). The application has been submitted on 27.09.2019.

3. This Court in M.K Baby Vs. District Collector & Others in [2021 (6) KLT 316] struck down the Government

Order levying the payment of fee up to 25 cents of land in an

application submitted before the cut off date. In view of the binding judgment of this Court in M.K Baby's case (Supra), I am of the view that Ext.P3 has to be set aside. Consequently, there shall be a direction to 2 nd respondent to take up the application and pass appropriate orders without insisting the payment as mentioned in Ext.P3, within a period of two months. The writ petition is disposed of accordingly. SD/- A.MUHAMED MUSTAQUE JUDGE rpk APPENDIX OF WP(C) 2197/2022 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE RECEIPTS REGARDING THE PROPERTIES OF THE PETITIONER ISSUED BY THE 3RD RESPONDENT DATED 24.4.2019. Exhibit P2 THE COPY OF RELEVANT PAGE OF FORM NO. 6 SUBMITTED ON 27.9.20219 BEFORE THE 2ND RESPONDENT. Exhibit P3 THE COPY OF COMMUNICATION DATED 2.9.2021 ISSUED BY THE 2ND RESPONDENT.

Same Court & Year Kerala · 2022 Same Parties Dileep Kumar, vs The District Collector, Same Judge Honourable Mr. Justice a.Muhamed Mustaque