Vimal Vijayan vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 30, 2021

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Citation: sooperkanoon.com/1624604
Court: Kerala High Court
Judge: Honourable Mr. Justice T.R.Ravi
Decided On: Nov 30, 2021
Case Number: WP(C)/8224/2021

Parties & Advocates

Appellant / Petitioner

Vimal Vijayan

Respondent

State of Kerala

Excerpt

.....with the amended schedule to the act, which prescribes a fee of 10% of the fair value of the land and based on the fair value obtaining on the date of filing of the application.2. the learned government pleader fairly submitted that thepresent orders have been issued on the basis of the fair value obtaining on the date of the order. in the light of the judgments in vimal vincent v. revenue division officer/sub collector (2020(1) klt 145) and ajith kumar shenoy v. revenue divisional officer (2020 (5) klt 683), it is settled that the fair value has to be reckoned as on the date of the submission of the application. in the above circumstances, the writ petition is allowed. exts.p7 & p12 are set aside. the 3rd respondent is directed to reconsider theapplication submitted by the petitioner on the basis of the fair value obtaining on the date of the application and applying the amended schedule to the act, within six weeks from the date of receipt of a certified copy of this judgment. after getting an order from the 3 rd respondent, the petitioner may approach the 5 th respondent for necessary permits which shall also be issued within six weeks from the date of receipt of fresh application.sd/- t.r.ravi judge pn appendix of wp(c) 8224/2021 petitioner's exhibits exhibit p1 true copy of the basic tax receipt dated 8.1.2021 issued by village officer, nadama exhibit p2 true copy of the certificate no kbt16/18-19 dated 31.1.2019 was issued by the 4th exhibit p3 true copy of the application dated 4.3.2016 submitted by the petitioner before the 2nd exhibit p4 true copy of the acknowledgement no. l10/28187/16 dated 5.3.2016 issued on behalf of the 2nd respondentexhibit p5 true copy of the chalan dated 5.3.2016 exhibit p6 true copy of the chalan dated 4.2.2019 exhibit p7 true copy of the order no. k-3 497/2019dated 16.11.2020 issued by the 3rd exhibit p8 true copy of the go(p) no.47 of 2020 dated 31.3.2020 exhibit p9 true copy of the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943 PETITIONER: VIMAL VIJAYAN AGED 36 YEARS, S/O VIJAYAN, MI-28, INDIRA NAGAR, KADAVANTHRA, COCHIN-682 020. BY ADV P.K.RAVI SANKAR RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2 DISTRICT COLLECTOR, ERNAKULAM, COCHIN-682 030. 3 REVENUE DIVISIONAL OFFICER, FORT KOCHI, COCHIN-682 001. 4 LOCAL LEVEL MONITORING COMMITTEE, TRIPUNITHURA, REPRESENTED BY ITS CONVENOR (AGRICULTURAL FIELD OFFICER) COCHIN-682 301. 5 SECRETARY, TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA-682 301. SRI.VIPIN NARAYAN, GOVT. PLEADER SRI.MANUVILSAN, FOR R4 & R5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAVI, J.
-------------------------------------------- W. P. (C). No. 8224 of 2021 -------------------------------------------- Dated this the 30th day of November, 2021

JUDGMENT

The prayer in this writ petition is to quash Exts.P7 & P12 orders and for a direction to the 5th to reconsider the application submitted by the petitioner in accordance with the amended Schedule to the Act, which prescribes a fee of 10% of the fair value of the land and based on the fair value obtaining on the date of filing of the application.

2. The learned Government Pleader fairly submitted that the

present orders have been issued on the basis of the fair value obtaining on the date of the order. In the light of the judgments in Vimal Vincent V. Revenue Division Officer/Sub Collector (2020

(1) KLT 145) and Ajith Kumar Shenoy V. Revenue Divisional Officer (2020 (5) KLT 683), it is settled that the fair value has to be reckoned as on the date of the submission of the application. In the above circumstances, the writ petition is allowed. Exts.P7 & P12 are set aside. The 3rd respondent is directed to reconsider the

application submitted by the petitioner on the basis of the fair value obtaining on the date of the application and applying the amended Schedule to the Act, within six weeks from the date of receipt of a certified copy of this judgment. After getting an order from the 3 rd respondent, the petitioner may approach the 5 th respondent for necessary permits which shall also be issued within six weeks from the date of receipt of fresh application.

Sd/- T.R.RAVI JUDGE Pn APPENDIX OF WP(C) 8224/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 8.1.2021 ISSUED BY VILLAGE OFFICER, NADAMA EXHIBIT P2 TRUE COPY OF THE CERTIFICATE NO KBT16/18-19 DATED 31.1.2019 WAS ISSUED BY THE 4TH EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 4.3.2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT NO. L10/28187/16 DATED 5.3.2016 ISSUED ON BEHALF OF THE 2ND RESPONDENT

EXHIBIT P5          TRUE COPY OF THE CHALAN DATED 5.3.2016
EXHIBIT P6          TRUE COPY OF THE CHALAN DATED 4.2.2019
EXHIBIT P7          TRUE COPY OF THE ORDER NO. K-3 497/2019

DATED 16.11.2020 ISSUED BY THE 3RD EXHIBIT P8 TRUE COPY OF THE GO(P) NO.47 OF 2020 DATED 31.3.2020 EXHIBIT P9 TRUE COPY OF THE GO(P) NO.70/2019/TD DATED 30TH APRIL, 2019 EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 2.12.2020 OF THIS HONORABLE COURT WPC NO 25159/2021

EXHIBIT P11         TRUE COPY OF THE CERTIFICATE NO. PW2-
EXHIBIT P12         TRUE COPY OF THE NOTICE NO. PW2/415/20-
EXHIBIT P13         TRUE COPY OF THE GO(O) NO. 1166/2021/REV

DATED 25.2.2021 ISSUED BY THE 1ST

Same Court & Year Kerala · 2021 Same Parties Vimal Vijayan vs State of Kerala Same Judge Honourable Mr. Justice T.R.Ravi