W.P.(C) Nos.29886 & 29957 of 2021
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- N. Nagareesh
- Judgment Date
- 2022-06-14
- Court Decision / Holding
- Writ petitions allowed. Ext.P2 notices quashed. The 1st respondent is directed to calculate the fee payable by the petitioners on the basis of the fair value of the subject property covered by their applications, at the rate as on the date of submission of respective applications.
- Final Disposition
- The writ petitions are allowed; Ext.P2 notices are quashed; The Revenue Divisional Officer is to recompute the fee on the basis of the subject property’s fair value as on the date of submission of the applications.
Parties to the Case
Appellants / Petitioners
- Tomson Thomas
- Saramma Thomas
Respondents
- Revenue Divisional Officer, Thrissur (Office of the RDO, Thrissur)
- Tahasildar (LR), Taluk Office, Thrissur
- Village Officer, Pananchery Village, Thrissur Taluk
Legal Representation & Advocates
Counsels for Petitioners
- • Adv Baby Mathew
Counsels for Respondents
- • Sri. Syamathak B S, Government Pleader
Case Synopsis & Summary
These two writ petitions challenge Ext.P2 notices issued by the Revenue Divisional Officer demanding payment of a fee for change of nature of land under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The petitioners own dry land in Pananchery Village, Thrissur Taluk, Thrissur District, planted with coconut trees long before the Act, and their land was not included in the Data Bank. They had filed Rule 12(1) applications seeking to change the land’s nature in revenue records. The notices demanded a fee at 10% of the land’s fair value, computed on the basis of adjacent properties. The petitioners contend that under Section 27A of the Act, 2008, the fee must be determined solely on the basis of the fair value of the land involved, as fixed under Section 28A of the Kerala Stamp Act, 1959, and that using neighboring land values is arbitrary and illegal. The Government Pleader argued that fair value is defined under Section 2(viA) as the value fixed under Section 28A or the value of a similar land, making neighboring land values permissible. The court relied on earlier judgments (Vincent (Dr) v. RDO; Ajith Kumar Shenoy) that the fee must be the subject land’s fair value, not a neighboring land value. Consequent to these authorities, the petitions are allowed; Ext.P2 is quashed. The 1st respondent is to compute the fee on the basis of the subject property’s fair value as on the date of submission, for each application.
Provisions of Law Cited
Legal Doctrines & Maxims
- Fee under Section 27A of the Act must be determined on the basis of the fair value of the land involved, as fixed under Section 28A of the Kerala Stamp Act, 1959.
- The fair value cannot be determined based on the value of neighbouring property; it must reflect the subject property’s own value.
- Precedents Vincent (Dr) v. Revenue Divisional Officer/Sub Collector, Irinjalakuda and others (2020 (1) KLT 145) and Ajith Kumar Shenoy v. Revenue Divisional Officer/Sub Collector, Kottayam District and others (2020 (5) KLT 683) support the subject-land fair value principle.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners submitted that the demand for 10% of the fair value was computed by taking the fair value of neighboring land, which is arbitrary. They argued that Section 27A requires the fee to be based on the fair value of the subject land, as fixed under Section 28A of the Kerala Stamp Act, 1959, and not on the value of adjacent land. They invoked Rule 12(1) of the Paddy Land Rules to obtain a determination of land status and sought quashing Ext.P2 for computation based on the subject land’s own fair value as per the date of submission. They relied on earlier decisions that prohibit using neighboring land values to fix the fee.
Contentions of Respondents
The respondents argued that fair value means the value fixed under Section 28A or the value of similar land; under Section 2(viA) of the Act, fair value of land may be determined accordingly. Therefore computing the fee on the basis of the fair value of neighboring land is defensible, as fixed values or similar lands serve as comparables when the subject land value is not fixed.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Vincent (Dr) v. Revenue Divisional Officer/Sub Collector, Irinjalakuda and others | 2020 (1) KLT 145 | Positive | Held that under Section 27A, fee must be based on the fair value of the land involved, fixed under Section 28A of the Kerala Stamp Act, 1959, not on neighboring land values. |
| Ajith Kumar Shenoy and another v. Revenue Divisional Officer/Sub Collector, Kottayam District and others | 2020 (5) KLT 683 | Positive | Held that the fee under Section 27A(3) read with Rule 12(9) can only be the fair value of the subject property. |
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