IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 18216 OF 2022
PETITIONERS
1 CHINNAMMA MATHAI
AGED 74 YEARS
W/O MATHAI, AGED 74 YEARS MANDOLI HOUSE, NEW
LINK ROAD, ELAMKULAM, KADAVANTHRA, PIN.682 020.
2 PAUL MATHEW,
AGED 43 YEARS
S/O MATHAI, MANDOLI HOUSE, NEW LINK ROAD,
ELAMKULAM, KADAVANTHRA, PIN.682 020.
BY ADV T.K.AJITHKUMAR (VALATH)
RESPONDENTS
1 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI. PIN.682
001.
2 TAHSILDAR (LR),
KANAYANNOOR KANAYANNOOR TALUK OFFICE, KOCHI-682
011.
3 THE VILLAGE OFFICER
MARADU VILLAGE OFFICE, MARADU, PIN-682304.
OTHER PRESENT:
SRI. SYAMANTHAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.18216 of 2022 :2:
JUDGMENT
Dated this the 28th day of June, 2022 The petitioners, who are holding 5.91 Ares of property in Survey No.243/2 in Block No.13 of Maradu Village, have approached this Court seeking to direct the 2 nd respondent to consider Ext.P4 application and to reassess the land tax, treating the land as dry land. The petitioners state that they are owners in possession of 5.91 Ares of property in Maradu Village. The property is a converted land even prior to the year 1996.
2. The 1st respondent has issued Ext.P3 order under Clause 6(2) of the Kerala Land Utilisation Order in the year 1996, permitting to use the land for other purposes. The petitioners thereupon submitted Ext.P4 application before the 2nd respondent seeking reassessment of land tax. The 2 nd respondent is bound to consider the application and take a decision thereon within a reasonable time. W.P.(C) No.18216 of 2022 :3:
3. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader denied all the allegations made by the petitioners in the writ petition. It is, however, submitted that since Ext.P4 application is under Section 6A of the Kerala Land Tax Act, if the said Ext.P4 application is received by the Tahsildar, the same can be considered in accordance with law.
In view of the facts of the case, the writ petition is disposed of directing the 2nd respondent-Tahsildar to consider Ext.P4 application submitted by the petitioner, if the same is supported by all requisite documents and to take a decision thereon in accordance with law, within a period of one month, adverting to Ext.P5 judgment also.
Sd/-
N. NAGARESH, JUDGE smm/29.06.2022 W.P.(C) No.18216 of 2022 :4: APPENDIX OF WP(C) 18216/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED 25-5-2022.
Exhibit P2 PHOTO COPY OF THE RELEVANT PAGE OF THE DATA BANK.
Exhibit P3 TRUE COPY OF THE KLU ORDER DATED 29-4-
1996 ISSUED BY THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE APPLICATION DATED 25-
11-2020 SUBMITTED BY THE PETITIONER. Exhibit P5 PHOTO COPY OF THE JUDGMENT IN IN WP(C) NO.24974/2020 DATED 16-11-2020.