STATE OF KERALA Vs. JOY JOHN

JUDGEMENT

(1.) Instant writ appeal is filed by the State of Kerala and its officials challenging the judgment dtd. 5/4/2022 in W.P.(C) No.28181/2021, by which, relying on the decision in Baby M.K. and others v. District Collector, Ernakulam and others [2021 (6) KHC 318], a learned single Judge directed the Revenue Divisional Officer, Muvattupuzha, 3rd respondent therein, to refund the amount of Rs.8,83,500.00 which the writ petitioner has remitted on 26/10/2021, within two months from the date of receipt of a copy of the said judgment.

(2.) W.P.(C) No.28181/2022 is filed by the respondent herein seeking to issue a writ of mandamus directing the appellants to refund the amount paid as per Exhibit-P2, challan issued by the Sub Treasury Officer, Muvattupuzha, respondent No.5 therein, with interest to the writ petitioner, within a time frame to be fixed by this Court.

(3.) Brief facts leading to the filing of the writ petition are as under: The respondent/writ petitioner is in possession of 6.07 Ares of property of Velloorkunnam Village. Since the property is shown as 'nilam' in the Basic Tax Register (BTR), he has applied for conversion of the same under the provisions of Kerala Conservation of Paddy and Wetland Act, 2008. According to the writ petitioner, the said property was not included in the data bank. However, in Form 6 application filed by the writ petitioner, the 3rd respondent - RDO has granted permission to change the nature of land in the BTR, but insisted for payment of fees, as contemplated under Sec. 27A of the Conservation of Paddy and Wetland Act. Accordingly, the writ petitioner has remitted a sum of Rs.8,83,500.00 before the Sub Treasury Officer, Muvattupuzha, on 26/10/2021, as evident from Exhibit-P2 challan.