SUMESH Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The prayers in these writ petitions are for consideration of the application submitted by the petitioners under Sec. 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, 'the 2008 Act') without insisting on payment of fees.

(2.) It is submitted that the petitioners are owners in possession of the property, the extent of property in both these cases is below 25 cents. It is submitted that the property was purchased from the prior owner and the extent of the property was identical. It is, therefore, contended that since the extent of the property as on 30/12/2017 was below 25 cents, the petitioners are entitled to consideration of their Form 6 applications, without payment of any fee as provided in Sec. 27A of the 2008 Act and Rule 12(9) and the Schedule to the Kerala Conservation of Paddy Land and Wetland Rules, 2008. It is submitted that the respondents are refusing to consider the application on the ground that the properties were purchased on a later date and that therefore, the fees have to be paid.

(3.) A statement has been placed on record by the 3rd respondent in W.P.(C) No.4450/2023 contending that the exemption from payment of fee for the conversion of the property is provided only to specific extents of property which are below 25 cents each. It is contended that since the petitioners had purchased the properties after 2017, they are not entitled to the exemption. It is contended that even if properties having a lesser extent is purchased after 2017, the benefit of conversion without fee will be lost.