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Judgment
P.V.Kunhikrishnan, J
This writ petition is filed with following prayers:
i. Issue a writ of certiorari or such other writ, direction or order quashing Exhibit P4 to the extend it directs payment under Section 27A(3) of Act 28 of 2008.
ii. Declare that the petitioner is not liable to pay conversion charges mandated under Section 27A(3) of Act 28 of 2008.
iii. Issue such other writ, direction or order as is deemed just and necessary in the facts, features and circumstances of the case.
(SIC)
The petitioner is the owner and title holder in possession and enjoyment of 19.42 ares, 10.52 ares, 9.30 ares, 4.45 ares and 4.86 ares of land in Resurvey No.251/11, 251/12, 251/9, 251/10, 251/8, Block No. 36 of Kozhencherry Village, Kozhencherry Taluk, Pathanamthitta District. According to the petitioner, this land got automatically converted much prior to 2008. The petitioner's land is classified as converted land in Ext.P1 draft data bank. Petitioner submitted Exhibit P2 seeking permission to develop the land. At that time, the Village Officer informed that necessary changes in Thandaper register has been made as per Ext.P5. However, tax receipt for the year 2020 shows that land is classified as wetland. The petitioner submitted Ext.P2 application dated 11-2-2017 under Clause 6(2) of the Kerala Land Utilization Order before the 2nd respondent. Ext.P4 is the order passed by the District Collector. The petitioner is aggrieved only about the last portion of Ext.P4 order. It is stated like this in the last portion of Ext.P4:
"For obtaining building permit the character of the land can be changed from paddy land to purayidam in view of the amended section 14 of the paddy & wet land Act r/w 27A3 of the amended paddy & wet land Act."
The learned counsel for the petitioner submitted that the land is already converted before the year 2008. That is mentioned in Ext.P3 judgment itself. In the light of the same, such a condition in Ext.P4 is unsustainable.
Therefore, this writ petition is allowed in the following manner:
Ext.P4 is set aside to the extent it directs payment under Section 27A(3) of the Act 28 of 2008.
It is also declared that the petitioner is not liable to pay conversion charges mandated under Section 27A(3) of the Act 28 of 2008.