John Koshy vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 02, 2022

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https://sooperkanoon.com/case/1445186

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Citation: sooperkanoon.com/1445186
Court: Kerala High Court
Judge: Honourable Mr. Justice T.R.Ravi
Decided On: Mar 02, 2022
Case Number: WP(C)/1906/2021

Parties & Advocates

Appellant / Petitioner

John Koshy

Respondent

State of Kerala

Excerpt

.....in the year 2005. the petitioner has applied for change of nature of the said land. by ext.p6 notice, the petitioner was directed to remit a sum of rs.31,28,480/- for the purpose of conversion of the land, being 20% of the fair value. petitioner challenges the above order.2. the counsel submits that the total extent of land soughtto be converted is more than 25 cents and going by the schedule to the act as amended by government order dated 25.02.2021, 10% of fair value alone can be levied for conversion of the area. 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.3. i find considerable force in the contention raised by the petitioner.4. in the above circumstances, the writ petition is allowed.ext.p6 is set aside. the 3rd respondent is directed to reconsider the 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. necessary orders shall be passed by the 3rd respondent within three months from the date of receipt of a copy of this judgment. sd/- t.r. ravi judge dsn appendix of wp(c) 1906/2021 petitioner exhibits exhibit p1 true copy of the sale deed no 4680/2005 of thrikkakara sub registrar office exhibit p2 true copy of the thandapper account of the petitioner dated 16.12.2019 exhibit p3 true copy of the communication received by the petitioner from krishi officer, thrikkakara krishi bhavan dated 11.3.2019 exhibit p4 true copy of the communication received by the petitioner from principal krishi officer, ernakulam dated 8.10.2020 exhibit p5 true copy of form 6 application dated 6.3.2020 exhibit p6 true copy of the communication dated 6.10.2020 issued from the office of the 3rd respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943 WP(C) NO. 1906 OF 2021 PETITIONER: JOHN KOSHY AGED 63 YEARS S/O REV.P.M.KOSHY, MALAYIL PUNOORETHU SHEETHAL HOUSE, THEKKEMALA P.O.KOZHANCHERRY, PATHANAMTHITTA-689 654, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, AJIKUMAR S, AGED 53 YEARS, S/O V. SADANADAN, ARAVINDAM, PUTHUPPALLIKKUNNAM, CHARUMMOODU P.O.NOORANAD, ALAPUZHA-690 505. BY ADVS. SRI THOMAS JOHN AMBOOKEN SRI.B.SAJEEV KUMAR SMT.BLOSSOM MATHEW RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, GOVT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI-682 031. 3 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, KOCHI-682 001. 4 THE TAHSILDAR (LR), KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM-682 011. 5 THE VILLAGE OFFICER, VAZHAKKALA VILLAGE OFFICE, ERNAKULAM-682 021. BY SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAVI, J.
Dated this the 2nd day of March, 2022

JUDGMENT

The petitioner is the owner and in possession of 10.95 ares of land comprised in Block No.9, Sy.No.229/1 of Vazhakkala Village, which he purchased in the year 2005. The petitioner has applied for change of nature of the said land. By Ext.P6 notice, the petitioner was directed to remit a sum of Rs.31,28,480/- for the purpose of conversion of the land, being 20% of the fair value. Petitioner challenges the above order.

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

to be converted is more than 25 cents and going by the Schedule to the Act as amended by Government Order dated 25.02.2021, 10% of fair value alone can be levied for conversion of the area. 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.

3. I find considerable force in the contention raised by the petitioner.

4. In the above circumstances, the writ petition is allowed.

Ext.P6 is set aside. The 3rd respondent is directed to reconsider the 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. Necessary orders shall be passed by the 3rd respondent within three months from the date of receipt of a copy of this judgment. Sd/- T.R. RAVI JUDGE dsn APPENDIX OF WP(C) 1906/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO 4680/2005 OF THRIKKAKARA SUB REGISTRAR OFFICE EXHIBIT P2 TRUE COPY OF THE THANDAPPER ACCOUNT OF THE PETITIONER DATED 16.12.2019 EXHIBIT P3 TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM KRISHI OFFICER, THRIKKAKARA KRISHI BHAVAN DATED 11.3.2019 EXHIBIT P4 TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM PRINCIPAL KRISHI OFFICER, ERNAKULAM DATED 8.10.2020 EXHIBIT P5 TRUE COPY OF FORM 6 APPLICATION DATED 6.3.2020 EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 6.10.2020 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT

Same Court & Year Kerala · 2022 Same Parties John Koshy vs State of Kerala Same Judge Honourable Mr. Justice T.R.Ravi