JAGANADHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A common issue arises in all these writ petitions and hence they are being heard and disposed of together.

(2.) The Government of Kerala amended the Conservation of Paddy Land and Wetland Act, 2008 by introducing Sec. 27A, whereby applications for user of unnotified land for other purposes was permitted. A fee was prescribed for granting permission for such user. On 25/7/2021, the Government issued a Circular whereby a cut off date was fixed for applications seeking permissions for user of unnotified lands for other purposes. The Circular was challenged before this Court and a Division Bench of this Court in its judgment in Baby v. District Collector [2021 (6) KLT 316] held that the Circular was unconstitutional. This Court held that when the State Government intended to classify and exclude farmers holding upto 25 cents of unnotified paddy land from payment of fee/charge for utilisation of the same for other purposes, there cannot be a further reclassification based on date of submission of the application. The petitioners are all persons from whom fee has been collected which they are otherwise not liable to pay, solely based on the Circular which has been held to be unconstitutional. In W.P.(C)No.5449 of 2019, the petitioner paid the amount based on interim order issued by this Court on 4/4/2019 wherein this Court had clearly stated that if the petitioner ultimately succeeds in the writ petition, he will be entitled to refund of the amount. The petitioners in all these cases claim refund of the amounts which have been collected from them illegally based on the Circular which has been held to be unconstitutional.

(3.) Heard learned counsel for the petitioners and learned Special Government Pleader for the respondents/State.