2025:KER:27293 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 6859 OF 2025 PETITIONER/S: KUNHIMUHAMMED, AGED 69 YEARS S/O. MOHAMMED, URAKKOTTIL HOUSE, U K PADI, VELLILA P.O, MANKADA, MALAPPURAM DISTRICT, PIN - 679324 BY ADV DEEPAK MOHAN RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR, MALAPPURAM, UP HILL, CIVIL STATION, MALAPPURAM, PIN - 676505 3 THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, SHORNUR -PERINTHALMANNA ROAD, SHANTINAGAR, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322 4 DEPUTY COLLECTOR, FOR PERINTHALMANNA TALUK, CIVIL STATION, MALAPPURAM, PIN - 676505 5 VILLAGE OFFICER, MANKADA VILLAGE OFFICE, ANAKKAYAM-TIRURKAD ROAD, MALAPPURAM DISTRICT, PIN – 679324 W.P.C No. 6859 of 2025 2 2025:KER:27293 6 AGRICULTURAL OFFICER, KRISHI BHAVAN, MANKADA, MALAPPURAM DISTRICT, PIN - 679324 OTHER PRESENT: Smt.Amminikutty.K, Sr.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C No. 6859 of 2025 3 2025:KER:27293 JUDGMENT The petitioner is the owner of the property having a total extent of 4.5 Ares of land (11.6 cents) comprised in Sy.Nos.40/1- 12 and 40/1-8 of Mankada Village, Perinthalmanna Taluk in Malappuram District. The petitioner had obtained the said property as per two documents, the copies of which are produced as Exts.P1 and P2. Ext.P1 sale deed is dated 12.04.1999 and Ext.P2 sale deed is dated 11.07.1990. As the property was described as “Nanja” in the revenue records, the petitioner submitted an application in Form 6, before the 3rd respondent for changing the nature of the land. As part of processing of the said application, now the petitioner was issued with Ext.P4 notice, wherein, an amount of Rs.1,19,543/- is demanded as the conversion fee under Rule 12(9) of the Kerala Conservation of Paddy Land and Wetland Act. 2008. 2. The specific case of the petitioner is that, the said demand is unsustainable, as the extent of the property of the petitioner is less than 25 cents and hence the petitioner is entitled to the statutory exemption contemplated under serial No.1 in W.P.C No. 6859 of 2025 4 2025:KER:27293 Schedule of the Rule 12(9) of the Kerala Conservation of Paddy Land and Wetland Rules 2008 (hereinafter referred to as the 'Paddy Land Rules'). 3. Heard, Sri.Deepak Mohan, the learned counsel for the petitioner and Smt. Amminikutty, the learned Government Pleader for the respondents. 4. The main challenge raised by the petitioner is against Ext.P4, based on exemption available to him as per the Paddy Land Rules. The learned Government Pleader, upon instructions, submitted that Ext.P4 was issued mainly on the reason that the petitioner purchased the said properties on the basis of two separate documents. Therefore, the exemption cannot be granted. 5. However, on going through the statutory stipulations contained in the Paddy Land Rules, it can be seen that, serial No.1 in Schedule to the Paddy Land Rules specifically contemplates for exemption in respect of properties having an extent lesser than 25 cents. In this case, even though the petitioner had purchased the property by virtue of two separate documents, the total extent covered by both the said documents would come to only 4.5 Ares W.P.C No. 6859 of 2025 5 2025:KER:27293 and thus the same is less than 25 cents. Besides, both the said deeds, namely Exts.P1 and P2 are prior to 30.12.2017 which is the cut off date prescribed for availing the said exemption as per Note 2 to the Schedule of the Paddy Land Rules. Therefore, the petitioner, being a person holding a property having an extent of less than 25 cents, which was purchased by Exts.P1 and P2 deeds prior to 30.12.2017, is entitled to exemption as contemplated under the above provisions. The position of law in this regard is also settled in favour of the petitioner as per the decision rendered by this Court in Sumesh U v. The Revenue Divisional Officer, Palakkad [2023 (3) KHC 431] and also the Division Bench judgment in Revenue Divisional Officer/Sub Collector v. Dr.A.V. Sajeev [2023 (5) KHC 242]. In such circumstances, an interference is required. Accordingly, this writ petition is disposed of, quashing Ext.P4, with a direction to the 3rd respondent or the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008, to process the Form 6 application submitted by the petitioner, without insisting for any amount towards conversion W.P.C No. 6859 of 2025 6 2025:KER:27293 fee. Appropriate orders in accordance with law, shall be passed within a period of one month from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE rpk W.P.C No. 6859 of 2025 7 2025:KER:27293 APPENDIX OF WP(C) 6859/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.944/1999 DATED 12.04.1999 OF SRO, MAKKARAPARAMBA Exhibit P2 THE TRUE COPY OF THE SALE DEED NO.1230/1999 DATED 11.07.1990 OF SRO, MAKKARAPARAMBA Exhibit P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 27.01.2022 ISSUED BY THE 5TH RESPONDENT Exhibit P4 THE TRUE COPY OF THE LETTER DATED 14.01.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED 26.10.2023 IN W.P.C.NO.9757/2023 OF THIS HON’BLE COURT