Jenson C.Paul vs The Village Officer, Chelamattom

Kerala High Court

Jenson C.Paul vs The Village Officer, Chelamattom on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                           WP(C) NO. 37874 OF 2017


PETITIONER:

              JENSON C. PAUL
              AGED 50 YEARS, S/O.LATE PAULOSE C.V., CHEPPALA, OKKAL,
              CHALAMATTAM VILLAGE, KUNNATHUNADU TALUK, OKKAL P.O.,
              ERNAKULAM DISTRICT.

              BY ADVS.
              SRI.S.SANAL KUMAR
              SMT.BHAVANA VELAYUDHAN
              SMT.T.J.SEEMA



RESPONDENTS:

     1        THE VILLAGE OFFICER, CHELAMATTOM
              ERNAKULAM DISTRICT - 683 550.

     2        THE REVENUE DIVISIONAL OFFICER
              MUVATTUPUZHA, ERNAKULAM DISTRICT - 686 661.

     3        THE DISTRICT COLLECTOR
              COLLECTORATE, KAKKANAD, ERNAKULAM - 682 030.




     BY ADV.

          SRI. B.S. SYAMANTHAK, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37874 OF 2017


                                2




               P.V.KUNHIKRISHNAN, J.
           --------------------------------------------
               W.P.(C) No.37874 of 2017
          ----------------------------------------------
        Dated this the 21st day of May, 2024


                          JUDGMENT

The above writ petition is filed with the following prayers:

"i. Issue a writ of mandamus or any other appropriate writ. order or direction directing the 1 st respondent to carry out the reassessment of land tax in respect of the property covered by Exhibit-P1 and make correction in the Basic Tax Register relating to the nature of the land as 'purayidam' or in the alternative, ii. Issue a writ of mandamus or any other appropriate writ. order or direction directing the 2nd respondent to regularize the reclamation done in respect of the property prior to 14.08.2008 and cause necessary corrections to be made in the Basic Tax Register in respect of the property covered by WP(C) NO. 37874 OF 2017 3 Exhibit-P1;

iii. Issue such other writ, order or direction which this Honourable Court deems fit in the nature and circumstances of the case." SIC

2. The main prayer in this writ petition is to issue direction to the 1st respondent to carry out reassessment of land tax in respect of the property covered by Ext.P1 and make correction in the Basic Tax Register relating to the nature of land as 'Purayidam'.

3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.

4. I am of the considered opinion that, the petitioner has got remedy as per the Kerala Conservation of Paddy Land and Wet Land Act, 2008 WP(C) NO. 37874 OF 2017 4 for the reliefs prayed in this writ petition. The petitioner is free to take appropriate steps, in accordance with law, as per the Kerala Conservation of Paddy Land and Wet Land Act.

Granting liberty to do the same, this writ petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 37874 OF 2017 5 APPENDIX OF WP(C) 37874/2017 PETITIONER EXHIBITS EXHIBIT P1- TRUE COPY OF SALE DEED NO.1737/2007 OF PERUMBAVOOR SRO DATED 26/02/2007.

EXHIBIT P2- TRUE COPY OF THE LOCATION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, CHELAMATTOM DATED 22/02/2013.

EXHIBIT P3- TRUE COPY OF THE RELEVANT EXTRACTS OF THE DATA BANK RELATING TO THE DESCRIPTION OF THE LAND OF THE PETITIONER IN SY.NO.67/2(OLD SY.NO.527/12) EXHIBIT P4- TRUE COPY OF THE TAX RECEIPT DATED 04/10/17 IN RESPECT OF THE PETITIONER'S PROPERTY.

EXHIBIT P5- TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 10/11/17.

EXHIBIT P6- TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10/11/17.

RESPONDENTS EXHIBITS            :NIL


                          // TRUE COPY //

                           PA TO JUDGE