REETA JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner owns 4.85 Ares of property in Survey No.P149/2B/43 of Pathanamthitta Village with a four storied commercial building therein. According to the petitioner, the building was constructed prior to the year 2008.

(2.) The land of the petitioner was described as paddy land in the BTR and in the Revenue records. The petitioner wanted to change the nature of the land in BTR and other Revenue records. Therefore, a Form-6 application invoking Rule 12 of the Kerala Conservation of Paddy Land and Wetland Rules was filed by the petitioner. The application submitted by the petitioner was responded to as per Exts.P1 and P2 orders of the Deputy Collector. By Exts.P1 and P2 orders, the petitioner has been required to pay a fee of Rs.12,46,128.00 in respect of the building existing in the property.

(3.) The petitioner states that the building was already existing in the property even prior to the year 2008. Therefore, fee cannot be imposed on the petitioner for changing the nature of the land in Revenue records.