IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 13102 OF 2021
PETITIONER:
ANTO VARKEY
AGED 73 YEARS
VALLIKATT VEETTIL, AMBILY NAGAR, NADAMA, NOW R/A
VALLIKKATTU HOUSE, METRO NAGAR LANE, OPPOSITE BPCL PUMP,
MARADU PO, ERNAKULAM DISTRICT, PIN 682034.
BY ADV T.K.AJITHKUMAR (VALATH)
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI, PIN 682001.
2 TAHSILDAR (LR), KANAYANNOOR, KANAYANNOOR TALUK OFFICE,
KOCHI - 682011.
3 VILLAGE OFFICER, MARADU VILLAGE OFFICE, MARADU, PIN -
682304.
BY GOVT. PLEADER SRI.RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.13102 of 2021
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Dated this the 1st day of July, 2021
JUDGMENT
The petitioner is the owner of 5.11 Ares of property in Sy. No.238/1 of Maradu village. According to the petitioner, he has obtained Ext.P3 order in terms of Section 6(2) of the Kerala Land Utilization Order, permitting conversion of the land. He maintains that the property is an un- notified land. Seeking correction of the entry in the Basic Tax Register regarding the nature of the property, which is presently shown as "Nilam" and for re-assessment, the petitioner has filed application (Form-A) under Section 6 of the Kerala Land Tax Act.
2. In Iype Varghese v. Revenue Divisional Officer, 2020 (5) KLT 403, this Court held that where permission has been granted under the Kerala Land Utilisation Order for change of user of land and conversion of a paddy land to a garden land, then it is obligatory for the competent authority under the Land Tax Act to W. P. (C) No.13102 of 2021 -: 2 :- make a fresh assessment of the land and to issue appropriate directions to the officers concerned to make additional entries in the Basic Tax Register so as to reflect the nature of the land as garden land/Purayidam in the said Register.
Accordingly the writ petition is disposed of directing the second respondent to consider the application filed by the petitioner in Form-A after due verification of the KLU order relied on by the petitioner and also on ascertaining regarding the identity of the property. Let orders be passed within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge WP(C) NO. 13102 OF 2021 APPENDIX PETITIONER'S EXTS:-
EXT.P1 TRUE COPY OF THE TAX RECEIPT DATED 24.09.2020. EXT.P2 PHOTOCOPY OF THE RELEVANT PAGE OF THE DATA BANK. EXT.P3 TRUE COPY OF THE KLU ORDER DATED 22.05.96 ISSUED BY THE 1ST RESPONDENT.
EXT.P4 TRUE COPY OF THE RECEIPT DATED 12.10.20 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT. EXT.P5 PHOTOCOPY OF THE JUDGMENT IN WPC NO.24974/20 DATED 16.11.20.
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