M.J. FRANCIS Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs :-

(2.) Apparently, petitioners are owners of 0.0592 ares, 0.0705 ares and 0.294 ares of property comprised in old survey No.262/1 of Elamkulam village, Ernakulam District within the limits of the Corporation of Kochi. Evidently, petitioner has secured Ext.P6 order from the District Collector, Ernakulam dated 27.02.2018 whereby petitioners were permitted to utilise the property in terms of Clause 6 of the Kerala Land Utilisation Order, 1967. Petitioners have also submitted Ext.P10 request before the Tahsildar, Kanayannnoor Taluk, Ernakulam, i.e. the 3 rd respondent herein seeking to make necessary corrections in the Basic Tax Register, wherein the property is shown as 'nilam'. The petitioners have also submitted Ext.P7 building permit application before the Secretary of the Corporation of Kochi i.e. the 4th respondent, which is also pending consideration. According to the petitioners, Ext.P7 was considered by the Secretary of the Corporation and due to the order of the Revenue Divisional Officer, petitioners will have to remit an amount of Rs.100/- per square feet exceeding 3000 square feet and on production of the receipt for the same, further action will be taken on the permit application. It seems, since the property is remaining in the Basic Tax Register as paddy field, clarification was sought for by the Secretary of the Corporation from the Revenue Divisional Officer, Fort Kochi in order to identify whether the consideration of the permit application has any adverse consequences vis-a-vis, the amended provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Suffice it to say, Section 27A is introduced into Act, 2008 on and with effect from 30.12.2017, which reads thus :

(3.) Therefore it is evident that the Revenue Divisional Officer has issued Ext.P9 clarification dated 16.07.2019, directing the Secretary of the Corporation to impose Rs.100/- per square feet exceeding the 3000 square feet in terms of the amended provisions. These are the basic facts available for consideration.