Baby Builders Private Limited vs The District Collector, Ernakulam

Kerala High Court

Baby Builders Private Limited vs The District Collector, Ernakulam on 23 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
                        WP(C) NO. 16356 OF 2024
PETITIONER:

          BABY BUILDERS PRIVATE LIMITED
          REGISTERED OFFICE AT XL VII- 1986, KADAKKETH PARAYIL,
          RNRA 169, KAVAL JUNCTION, THANGASSERY
          THIRUMULLAVARAM.P.O., KOLLAM REPRESENTED BY ITS
          DIRECTOR, JACOB KALLUVILA BABU, S/O. K.C.BABU, PIN -
          691012.

          BY ADVS.
          M.SASINDRAN
          P.K.SUBHASH


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, ERNAKULAM
          COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030.

    2     THE REVENUE DIVISIONAL OFFICER, FORT KOCHI
          FIRST FLOOR, KB JACOB ROAD, FORT KOCHI, KOCHI, PIN -
          682001.

    3     THE TAHSILDAR, KANAYANNUR TALUK
          KANAYANNUR, PARK AVE, NEAR SUBHASH PARK, MARINE DRIVE,
          KOCHI, PIN - 682011.

    4     THE VILLAGE OFFICER
          VAZHAKKALA VILLAGE OFFICE VAZHAKKALA, ERNAKULAM
          DISTRICT, PIN - 682021.

    5     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF
          REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

          SMT.DEEPA V, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16356 OF 2024                    2


                                   JUDGMENT

Dated this the 23rd day of April, 2024 The petitioner is the absolute owner and in possession of landed properties covered by Exts.P1 to P3. By Exts.P4 and P5, the 1st respondent - District Collector ordered conversion of the lands including the properties covered by Exts.P1 to P3. It is submitted that the 3rd respondent is bound to reassess the land tax based on the status of the land as ordered in Exts.P4 and P5. The petitioner has filed Exts.P6 to P8 applications before the 3 rd respondent for incorporating necessary changes in the records as per Exts.P4 and P5 and also to make assessment of the basic tax.

2. Heard.

3. It is evident that Exts.P6 to P8 are applications for incorparating necessary changes in the records made in Form - A and are pending before the 3rd respondent. Therefore, it is necessary that the competent authority considers Exts.P6 to P8 in accordance with law, within a reasonable time. WP(C) NO. 16356 OF 2024 3

The writ petition is therefore disposed of directing the 3rd respondent - Tahsildar to consider Exts.P6 to P8 applications submitted by the petitioner and take appropriate decision thereon, within a period of one month, in accordance with law and after giving opportunity of hearing to the affected parties.

Sd/-

N.NAGARESH JUDGE Sru WP(C) NO. 16356 OF 2024 4 APPENDIX OF WP(C) 16356/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED NO.736 OF 2009 DATED 23-04-2009 OF S.R.O. THIRKAKKARA. Exhibit P2 A TRUE COPY OF THE SALE DEED DATED 13-10-2008 NO.3054/2008 OF SRO THRIKKAKKARA. Exhibit P3 A TRUE COPY OF THE SALE DEED NO.1766/09 DATED 28-10-2009 OF S.R.O. THRIKAKKARA.

Exhibit P4 A TRUE COPY OF THE ORDER NO.L5-60763/07/K.DIS. DATED 12-11-2007 OF THE DISTRICT COLLECTOR, ERNAKULAM.

Exhibit P5 A TRUE COPY OF THE ORDER NO.

L5-60762/07/K.DIS DATED 12-11-2007 ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM. Exhibit P6 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 04.03.2024 UNDER SECTION 6 A OF THE KERALA LAND TAX ACT ALONG WITH FORM A IN RESPECT OF THE PROPERTY COVERED BY EXHIBIT P1, BEFORE THE 3RD RESPONDENT.

Exhibit P7 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 04.03.2024 UNDER SECTION 6 A OF THE KERALA LAND TAX ACT ALONG WITH FORM A IN RESPECT OF THE PROPERTY COVERED BY EXHIBIT P2 BEFORE THE 3RD RESPONDENT.

Exhibit P8 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 04.03.2024 UNDER SECTION 6 A OF THE KERALA LAND TAX ACT ALONG WITH FORM A IN RESPECT OF THE PROPERTY COVERED BY EXHIBIT P3 BEFORE THE 3RD RESPONDENT.

Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 22.12.2022 IN W.P.(C).NO.40862/2022 OF THIS HON'BLE COURT.

Exhibit P10 A TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT RDO DATED 23.02.2024.

Exhibit P11 A TRUE COPY OF THE EXTRACT OF THE VALIDATION OF AGRICULTURAL DATA BANK USING REMOTE SENSING & GIS TECHNOLOGY ISSUED BY KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE (KSREC) ISSUED BY THE AGRICULTURAL OFFICER UNDER THE R.T.I. ACT.