JOSE UPPANI Vs. DISTRICT COLLECTOR, CIVIL STATION

JUDGEMENT

(1.) These two writ petitions (civil) are disposed of on the basis of common judgment as identical issue is raised in these cases.W.P.(C) No.8645/2020 is taken as a lead case for the purpose of convenience.

(2.) The case set up in the W.P.(C.) No.8645/2020 is as follows : That the petitioner is the Director of 'SNEHA SISHRUSHALAYAM' which is a registered charitable society under the Travancore Cochin Literary, scientific and Charitable Societies Act. The petitioner is the holder and in possession of 146.09 Ares (360.98 Cents) of land in Cheranallor village. The 1st respondent District Collector had issued Ext.Pi KLU Order and granted permission, to utilize the above mentioned land covered by T.P.N0.8124 of Cheranallor Village, for other purposes with some conditions. Later vide Ext.P3 Judgment the condition N0.4 in Ext.Pi order was set aside by this Court and also directed the 2 nd respondent to take up Ext.P2 application and consider it in the light of Panchayath V.Mariumma, [2015(2) KLT 516], and issue appropriate orders by directing necessary additional entries in the BTR and revenue records, within one month from the date of receipt of a copy of the Judgment. Thereafter the 2nd respondent issued Ext. P5 order by directingthe petitioner to pay 25% of the scheduled fee prescribed as per Rule 12(17) of the Kerala Conservation of Paddy land and Wet Land rules. Ext.Ps order is illegal and against Ext.P3 Judgment and also against Judgments in Shanmugam V.District Collector 2019(2) KLT 45, and Tahsildar v. Renjith George, 2020(2) KLT 13.

(3.) It is in the light of these averments and contentions that the petitioner has filed the instant W.P.(C.) No. 8645/2020 with the following prayers :