IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 15676 of 2005(N) -------------------------- PETITIONER(S): --------------- 1. A.N.CHANDY, AGED 45, S/O.A.C.NAIANAN, BUSINESS, RESIDING AT ADUKKOLI HOUSE, PERUMBAVOOR. 2. SARAMMA MAMMAN, AGED 59, W/O.A.K.MAMMAN, BUSINESS, RESIDING AT ALUMMOOTTIL, HOUSE, ALLAPRA P.O., PERUMBAVOOR. 3. C.K.ABU, AGED 55, S/O.KOCHU AHAMMED, BUSINESS, RESIDING AT CHANGANACHERRY VEEDU, NEDUMTHODU, PERUMBAVOOR, MUDICKAL P.O. 4. AYSHA SAIDU, AGED 54, W/O.K.M.SAIDU, RESIDING AT KAMALA AHOUSE, AIROORPADAM, KOTHAMAMNGALAM. 5. P.M.ABU, AGED 39, S/O.MEETHAIN PILLAI, PALLIPARAMBIL, MUDICKAL, PERUMBAVOOR. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANADU. 4. ADDITIONAL TAHSILDAR, KUNNATHUNADU TALUK, TALUK OFFICE, KUNNATHUNADU. G.P. SRI.MATHEW VADAKKEL FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF ORDER DT.15.9.01 PASSED BY R3. P2: TRUE COPY OF APPEAL NO.L.R.(J3) 39906/01 DT.16.10.01 FILED BY 1ST PETITIONER BEFORE R2. P3: TRUE COPY OF ORDER IN L.R.(J3)39906/01/D.DIS. DT.20.12.04 PASSED BY R2. P4: .DO. L.R.(J3)39907/01/D.DIS. .DO. P5: .DO. L.R.(J3)39902/01/D.DIS .DO. P6: .DO. L.R.(J3)39909/01/D.DIS .DO. P7: .DO. L.R.(J3)39908/01/D.DIS. .DO. P8: TRUE COPY OF PROCEEDINGS OF R4 BEARING NO.C2-5048/99(4) DT.26.4.05. P9: .DO. NO.C2-5048/99(6) DT.26.4.05. P10: .DO. NO.C2-5048/99(1) DT.26.4.05. P11: .DO. NO.C2-5048/99(2) DT.26.4.05. P12: .DO. NO.C2-5048/99(3) DT.26.4.05. P13: TRUE COPY OF LOCATION SKETCH OF PROPERTIES OF PETITIONERS 1 TO 4. P14: TRUE COPY OF LOCATION SKETCH OF THE PROPERTY OF 5TH PETITIONER. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.15676 of 2005 .................................................................... Dated this the 12th day of August, 2009. JUDGMENT The petitioners are transferees of kuthakappattom land assigned on lease to some other persons. Even though lease rentals payable was very low, Government adopted a policy of charging lease rentals for commercial buildings at 10% of the market value. The grievance of the petitioners is against increase of the lease rentals. I heard counsel for the petitioners and the Government Pleader. 2. Government Pleader submitted that the value adopted is based on a document of 1995 and so much so, there is no excess valuation as claimed by the petitioners. Petitioners admit that all the buildings occupied by them are shop rooms used for commercial purpose. Therefore, annual lease rental at 10% of the market value of the land in accordance with the Government norms for kuthakappattom is payable. Balance is only valuation adopted for collecting the lease rentals. Since the total extent is around 24 cents, the average area held by each person is 5 cents. The value adopted is Rs.97,000/- per are and so much so, market value adopted per cent is only around Rs.40,000/-. It is common knowledge that on road side 2 in Perumbavoor where the shops are located, the land value per cent will be only in lakhs and therefore, I do not find any justification for petitioner's challenge against the valuation adopted. If revaluation is ordered, going by any norms of market value petitioners will end up in paying much more than what they are made to pay now. In the circumstances, W.P. is disposed of directing the Tahsildar to recover lease rental at 10% of the market value based on norms issued by the Government. Payments already made will be adjusted and balance only will be recovered with interest for the period of delay. It is open to the petitioners to raise objection when there is further revision. C.N.RAMACHANDRAN NAIR Judge pms