High Court of KeralaSingle JudgeWrit petitions disposed of as above; Ext.P1, Ex...

Shawab S. v. State of Kerala; Fitco Infra LLP v. Sub Collector, Perinthalmanna

Case / Petition Number:WP(C) No. 558 of 2021; WP(C) No. 4140 of 2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2021-07-26
Court Decision / Holding
Ext.P1 in WP(C) No.558/2021 and Exts.P3 and P5 in WP(C) No.4140/2021 are set aside. The Revenue Divisional Officer is directed to reconsider the applications of the petitioners in light of the law laid down by this Court in Dr. Vimal Vincent v. RDO/Sub Collector, Ajith Kumar Shenoy v. RDO and W.P.(C) No.10918/2020 (Ext.P2 in WP558/2021). Orders to be passed within two months. Writ petitions disposed of as above.
Final Disposition
Writ petitions disposed of as above; Ext.P1, Exts.P3 and P5 set aside; RDO to reconsider within two months.

Parties to the Case

Appellants / Petitioners

  • Shawab S., represented by Advs. PeeYus A. Kottam and Shri. Hrithwik D. Namboothiri
  • FITCO Infra LLP, represented by Advs. C.P. Mohammed Nias and Sri S. Ajith (Palakkad) and SMT. V. Namitha

Respondents

  • State of Kerala represented by its Secretary, Department of Revenue, Government Secretariat Annex, Trivandrum-695001
  • Revenue Divisional Officer / Sub Collector, Kollam-691013
  • Sub Collector, Perinthalmanna, Malappuram-679322

Legal Representation & Advocates

Counsels for Petitioners

  • • PEEYUS A.KOTTAM
  • • SHRI. HRITHWIK D. NAMBOOTHIRI
  • • C.P. MOHAMMED NIAS
  • • SRI.S.AJITH (PALAKKAD)
  • • SMT.V.NAMITHA

Counsels for Respondents

  • • G. RANJITHA (Government Pleader)

Case Synopsis & Summary

The petitions challenge the levy of a fee under the Kerala Conservation of Paddy Land and Wetland Act, 2008, calculated on the fair value of adjacent lands rather than the subject property. Petitioners own paddy land/wetlands and sought conversion for non-agricultural use; respondents demanded fees computed using adjacent land values. The Court recalls earlier rulings: Dr. Vimal Vincent v. Revenue Divisional Officer/Sub Collector (2020) held that demanding a fee on the basis of adjacent land’s fair value is illegal and ultravires, and Ext.P2 in W.P.(C) No.558/2021 held that the fee should reflect the fair value of the subject property as on the date of filing under Section 27A(1) of the 2008 Act, not a subsequently revised figure. Although the Kerala Finance (No.2) Act, 2020 amended the Act to permit taking adjacent land’s fair value into account, the petitioners’ applications were filed before Ext.P4 came into force, hence the amendments cannot govern these applications. In view of these authorities, the Court holds that the questioned demands based on adjacent land values cannot be justified. Ext.P1 (WP558/2021) and Exts.P3 and P5 (WP4140/2021) are to be set aside. The RDO is directed to reconsider the applications consistent with the Court’s judgments, within two months. The petitions are disposed of as above.

Provisions of Law Cited

Kerala Conservation of Paddy Land and Wetland Act, 2008Section 27A(1) of the Kerala Conservation of Paddy Land and Wetland Act, 2008Kerala Finance (No. 2) Act, 2020

Legal Doctrines & Maxims

  • Ultra vires

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that demanding a fee based on the fair value of adjacent lands is illegal and ultravires. Their applications were filed before the Kerala Finance (No.2) Act, 2020 amended the 2008 Act to permit considering adjacent land values. Relying on Dr. Vimal Vincent and Ext.P2 in W.P.(C) No.558/2021, they submit that the fee must reflect the fair value of the subject land as on the date of the application under Section 27A(1) of the 2008 Act, not a later revision, and the amendments cannot govern pre-amendment filings.

Contentions of Respondents

The respondents argue that the 2020 amendment to the 2008 Act permits including the fair value of adjacent land in computing fees and that the law is meant to facilitate such computation. They acknowledge the pre-amendment filings but contend the amendments have prospective effect and should be applied to the computation where appropriate.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Dr. Vimal Vincent v. Revenue Divisional Officer/Sub Collector2020 (1) KLT 145PositiveThe Court cites this decision as establishing that demanding fees based on adjacent land values is illegal/ultra vires.
Ajith Kumar Shenoy v. Revenue Divisional Officer2020 (5) KLT 683PositiveCited as supporting the proposition that the fee should reflect the subject land’s value on the date of application, not later revisions.
W.P.(C) No.10918/2020Ext.P2 in WP( C) No.558/2021PositiveCited as Ext.P2 establishing the date-of-application valuation principle.
Sealand Builders Pvt. Ltd. v. Revenue Divisional Officer, Fort Kochi and Others2020(4) KHC 764Mentioned OnlyExhibit P3 cites this judgment; the document references it without applying its principles in the main analysis.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY, THE 26[TH] DAY OF JULY 2021/4TH SRAVANA, 1943** **WP(C) NO. 558 OF 2021** ## **PETITIONER:** **SHAWAB S., AGED 54 YEARS, S/O.LATE A.SHAHUL HAMEED, TC NO.6/452/9, THAYYIL HOUSE, SWAGATH NAGAR, VATTIYOORKAVU, THIRUVANANTHAPURAM-695 013.** **BY ADVS. PEEYUS A.KOTTAM SHRI. HRITHWIK D. NAMBOOTHIRI** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT ANNEX, TRIVANDRUM-695 001.** - **2 THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR, COLLECTORATE, KOLLAM-691 013.** **BY GOVT. PLEADER SMT.G.RANJITHA** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2021, ALONG WITH WP(C).4140/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) Nos.558 & 4140 of 2021 : 2 : # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 26[TH] DAY OF JULY 2021/4TH SRAVANA, 1943** **WP(C) NO. 4140 OF 2021** ## **PETITIONER:** **FITCO INFRA LL.P., A LIMITED LIABILITY PARTNERSHIP FIRM, 5/236-39, PERINTHALMANNA, REPRESENTED BY ITS DESIGNATED PARTNER, SAID ISMAIL KOYAKUTTY THANGAL.** **BY ADVS. C.P.MOHAMMED NIAS SRI.S.AJITH (PALAKKAD) SMT.V.NAMITHA** ## **RESPONDENT:** **SUB COLLECTOR, PERINTHALMANNA, MALAPPURAM - 679 322.** ## **BY GOVT.PLEADER SMT.G.RANJITHA** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2021, ALONG WITH WP(C).558/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) Nos.558 & 4140 of 2021 : 3 : ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ _**Dated this the 26[th] day of July, 2021**_ [W.P.(C) Nos.558 & 4140 of 2021] The petitioners in these writ petitions own lands which were described as paddy land/wetland in the Revenue records. The petitioners filed applications for utilising their land for other purposes. The applications were considered by the respondents and orders were passed directing the petitioners to pay the requisite fees payable under the Kerala Conservation of Paddy Land and Wetland Act, 2008. 2. The grievance of the petitioners in both the writ petitions is that while computing the fee, the respondents have considered the fair value of nearby properties. The fair value of the properties owned by the petitioners will be much less and since the respondents have taken into consideration the WP(C) Nos.558 & 4140 of 2021 : 4 : fair value of adjacent lands, the petitioners are being forced to pay a higher amount by way of fee. 3. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents. 4. This Court has held in _**Dr. Vimal Vincent v. Revenue Divisional Officer/Sub Collector** [2020 (1) KLT 145]_ that demanding fee on the basis of fair value of adjacent land is illegal and ultravires. This Court, in Ext.P2 judgment (in W.P.(C) No.558/2021), held that the fee amount should not only be the fair value of the subject property, but also such fair value of the subject property as on the date of submission of application under Section 27A(1) of the 2008 Act and not a fair value which may be subsequently revised. 5. It is true that by the Kerala Finance (2) Act, 2020, the Kerala Conservation of Paddy Land and Wetland Act, 2008 was amended enabling the respondents to demand fee taking into consideration of fair value of adjacent land also. However, it is to be noted that the petitioner in W.P.(C) WP(C) Nos.558 & 4140 of 2021 : 5 : No.558/2021 submitted his application on 06.03.2020 and the petitioner in W.P.(C) No.4140/2021 submitted their application on 12.04.2019. The applications submitted by both the petitioners were prior to Ext.P4 amendment and therefore those amendments cannot govern the applications of the petitioners. 6. In view of the judgment of this Court in _**Dr. Vimal Vincent v. Revenue Divisional Officer/Sub Collector** [2020 (1) KLT 145]_ , _**Ajith Kumar Shenoy v. Revenue Divisional Officer** [2020 (5) KLT 683]_ and the judgment in W.P.(C) No.10918/2020 (Ext.P2 in W.P.(C) No.558/2021), the orders passed by the respondents demanding a higher fees based on fair value of adjacent land cannot be justified. 7. Therefore, Ext.P1 in W.P.(C) No.558/2021 and Exts.P3 and P5 in W.P.(C) No.4140/2021 are set aside. The Revenue Divisional Officer is directed to reconsider the applications of the petitioners in the light of the law laid down by this Court in _**Dr. Vimal Vincent v. Revenue Divisional Officer/Sub Collector** [2020 (1) KLT 145]_ , _**Ajith Kumar**_ WP(C) Nos.558 & 4140 of 2021 : 6 : _**Shenoy v. Revenue Divisional Officer** [2020 (5) KLT 683]_ and the judgment in W.P.(C) No.10918/2020 (Ext.P2 in W.P. (C) No.558/2021). Orders in this regard shall be passed within a period of two months. Writ petitions are disposed of as above. Sd/- **N. NAGARESH, JUDGE** aks/27.07.2021 WP(C) Nos.558 & 4140 of 2021 : 7 : ## **APPENDIX OF WP(C) 558/2021** ## **PETITIONER'S EXHIBITS** **EXHIBIT P1 THE TRUE COPY OF THE DEMAND NOTICE BEARING NO.A235627/20 DATED 04.12.2020 ISSUED BY THE 2ND RESPONDENT SUB COLLECTOR/REVENUE DIVISIONAL OFFICER TO THE PETITIONER.** **EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WPC NO.10918/2020 DATED 04.06.2020.** **EXHIBIT P3** - **THE TRUE COPY OF THE JUDGMENT REPORTED IN 2020(4) KHC 764 (SEALAND BUILDERS PVT.LTD. VS. REVENUE DIVISIONAL OFFICER, FORT KOCHI AND OTHERS.** - **EXHIBIT P4 THE TRUE COPY OF THE KERALA FINANCE (NO.2) ACT, 2020 WHICH CAME INTO FORCE ON 01.04.2020.** - **EXHIBIT P5 THE TRUE COPY OF THE APPLICATION IN FORM NO.6 DATED 06.03.2020 SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER.** WP(C) Nos.558 & 4140 of 2021 : 8 : ## **APPENDIX OF WP(C) 4140/2021** **PETITIONER'S EXHIBITS** **EXHIBIT P1 TRUE COPY OF DOCUMENT NO.3698/20189 OF SRO PERINTHALMANNA.** **EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR CONVERSION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ALONG WITH SKETCH.** **EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 01.12.2020 SENT BY THE RESPONDENT TO THE PETITIONER.** **EXHIBIT P4 TRUE COPY OF THE LETTER DATED 21.12.2020 SENT BY THE PETITIONER TO THE RESPONDENT.** **EXHIBIT P5 TRUE COPY OF THE LETTER DATED 12.01.2021 SENT BY THE RESPONDENT TO THE PETITIONER.**