2025:KER:25160 WP(C) No.35621 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 11TH DAY OF MARCH 2025 / 20TH P-HALGUNA, 1946 WP(C) NO. 35621 OF 2024 PETITIONER/S: MEERA VINU ALUKKA, AGED 38 YEARS WIFE OF VINU PAUL ALUKKA, ALUKKA HOUSE, ELAMKULAM, KADAVANTHRA P.O,, PIN - 682020 BY ADVS. PEEYUS A.KOTTAM GOVIND CHAND U. RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, MAHATMA GANDHI ROAD, NEAR CENTRAL STADIUM, STATUE JUNCTION, PALAYAM, THIRUVANANTHAPURAM, KERALA, PIN - 695001 2 DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, 288V+Q9M, FIRST FOOR, CIVIL STATION, ECHAMUKU, KUNNUMPURAM, KAKKANAD, KERALA, PIN - 682030 3 REVENUE DIVISIONAL OFFICER, FORT KOCHI, KB JACOB ROAD, FORT KOCHI, KOCHI, KERALA, PIN - 682001 4 THE DEPUTY COLLECTOR (RR), FIRST FLOOR, CIVIL STATION, IN KAKKANAD, ERNAKULAM, PIN - 682030 OTHER PRESENT: Parvathy.K, G.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD 11.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25160 WP(C) No.35621 OF 2024 2 J U D G M E N T The petitioner is the owner in possession of property having an extent of 12.96 Ares of land comprised in Sy.No.426/10 in Block No.001 of Elamkulam Village in Kanayannur Taluk in Ernakulam District. The grievance of the petitioner is against the conversion fee demanded as per Ext.P2 while processing the Ext.P1 application submitted by the petitioner in Form 6. 2. The challenge raised by the petitioner against Ext.P2 is was on two grounds. The 1st ground is that, as per Sl.No.1 to Schedule to the Kerala Conservation of Paddy Land and Wetland Rules, 2008, the conversion fee has to be paid only in respect of the property in excess of 25 cents. The 2nd contention is that, while calculating the amount of conversion fee in Ext.P2, the respondents have taken the fair value as on date of the order whereas the actual requirement is to take the fair value as on the date of application. 3. I have heard the learned counsel for the petitioner and the learned Government pleader. 2025:KER:25160 WP(C) No.35621 OF 2024 3 4. As far as the 1st contention raised by the petitioner is concerned, the issue was decided against the contention raised by the petitioner as per The State Of Kerala Vs Moushmi Ann Jacob [2025 KLT Online 1], wherein it is held that, in respect of the properties having an extent more than 25 cents, the party concerned has to pay the conversion fee for the entire extent of the property including the 25 cents. Therefore contention raised by the petitioner in this regard, is only to be rejected. 5. However, as far as the 2nd contention is concerned, I find merits. It is evident that in Ext.P2, the amount was calculated on the basis of fair value, as existed on the date of consideration of Form-6 application. What is relevant for the said purpose, is the date of the application and this is covered in favour of the petitioner in Ext.P5 judgment, [Ajith Kumar Shenoy and Another v. Revenue Divisional Officer/Sub Collector, Kottayam District and Others [2020 KHC 731]. It is discernible from the observations made by this Court in Ext.P5 that, the legal propositions in this regard has been clearly declared by this Court. 2025:KER:25160 WP(C) No.35621 OF 2024 4 In such circumstances this writ petition is disposed of quashing Ext.P2 with a direction to the 3rd respondent to re- assess the conversion fee under Rule12(9) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 by relying upon the fair value applicable to the petitioner as on 02.06.2023, the date on which the Form-6 application was filed. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/27.03 2025:KER:25160 WP(C) No.35621 OF 2024 5 APPENDIX OF WP(C) 35621/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, FORT KOCHI DATED 02.06.2023 Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE NO.8108/2024 ISSUED BY THE DEPUTY COLLECTOR (RR), DATED 18.08.2024 Exhibit P3 THE TRUE COPY OF THE JUDGMENT REPORTED IN 2023 (5) KHC 337 (STATE OF KERALA. V. MOUSHMI ANN JACOB) Exhibit P4 THE TRUE COPY OF THE ORDER IN SLP (CIVIL) NO. 25737/2023 OF THE HON’BLE SUPREME COURT DATED 28.11.2023 Exhibit P5 THE TRUE COPY OF JUDGMENT REPORTED IN 2020 KHC 731 (AJITH KUMAR SHENOY AND ANR. V. REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR, KOTTAYAM DISTRICT & ORS)