Kerala High Court
A.Ramachandran Nair vs The District Collector on 1 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 7151 OF 2025 1
2025:KER:57464
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 7151 OF 2025
PETITIONERS:
1 A.RAMACHANDRAN NAIR.,
AGED 78 YEARS
S/O.ACHUTHAN NAIR, RESIDING AT PLOT NO.67 (HB),
PANAMPILLY NAGAR, KOCHI, PIN - 682036
2 MAYA RAMACHANDRAN NAIR,
AGED 67 YEARS
W/O.A.RAMACHANDRAN NAIR, RESIDING AT PLOT NO.67 (HB),
PANAMPILLY NAGAR, KOCHI, PIN - 682036
BY ADVS.SHRI.SHIBU JOSEPH
SHRI. SAYED MANSOOR BAFAKHY THANGAL
SMT.HAIRA
SHRI.SARATH VISWANATHAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030
2 THE TAHSILDAR(L.R).,
ALUVA TALUK, GROUND FLOOR, MINI CIVIL STATION,
CIVIL STATION ROAD, PERIYAR NAGAR, ALUVA, ERNAKULAM,
PIN - 683101
3 THE REVENUE DIVISIONAL OFFICER,
FIRST FLOOR, K.B.JACOB ROAD, FORT KOCHI,
ERNAKULAM DISTRICT, PIN - 682001
4 THE VILLAGE OFFICER,
CHENGAMANAD VILLAGE, DESOM P,O., ALUVA, PIN - 683101
BY SMT.PREETHA K K, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
01.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7151 OF 2025 2
2025:KER:57464
JUDGMENT
Dated this the 01st day of August, 2025 The writ petition is filed to quash Exts.P9 and P13 orders passed by the respondents 2 and 1, respectively and direct the 2nd respondent to reconsider Ext.P5 application.
2. The petitioners are the co-owners in possession of 60.22 Ares of land comprised in Re-survey Nos.356/2, 356/3-3, 356/10, 356/18, 356/19 and 356/1-4 in Block No.7 in Chengamand Village, Aluva Taluk, covered under Exts.P1(a) to P1(g) sale deeds and Exts.P2 to P2(d) land tax receipts. The petitioners' properties were permitted to be used for non- agricultural purposes as per Ext.P4 order passed by the 3rd respondent under Clause 6(2) of the Kerala Land Utilisation Order, 1967 ('KLUO', for short). But, the respondents have erroneously classified the land as 'paddy land' and included it in the data bank. Based on the directions passed by this Court in Ext.P3 judgment, Ext.P4 order was passed. After the passing of Ext.P4 order, the petitioners submitted Ext.P5 application WP(C) NO. 7151 OF 2025 3 2025:KER:57464 under Section 6A of the Kerala Land Tax Act, 1961 to re- assess the tax. However, by Ext.P9 order the 2 nd respondent has rejected Ext.P5 application. Even though the petitioners had preferred Ext.P10 appeal before the 1 st respondent, the same was also dismissed by Ext.P13 order. Exts.P9 and P13 are illegal and arbitrary and against the settled proposition of law laid down by this Court. Hence, Exts.P9 and P13 orders may be set aside and the 2 nd respondent may be directed to reconsider Ext.P5 application.
3. In the statement filed by the 2nd respondent, it is stated that since the petitioners' properties are included in the data bank, they should take recourse to Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008. There is no illegality in Exts.P9 and P13 orders.
4. Heard; the learned counsel for the petitioners and the learned Senior Government Pleader. WP(C) NO. 7151 OF 2025 4
2025:KER:57464
5. It is not in dispute that, by Ext.P4 order the petitioners' application to use the properties for non- agricultural purposes was allowed by the 3 rd respondent on 18.02.2021, based on Ext.P15 application submitted by the petitioners as early as on 19.11.2010. The question of applicability of the provisions of Section 27A of the Act is no longer res-integra in view of the categoric declaration of law by the Hon'ble Supreme Court in Tahsildar v. Renjith George [2025 (1) KHC 271], wherein the Hon'ble Supreme Court has held that Section 27A of the Act is not retrospective in nature. Moreover, it is also held that if an order under the KLU has been passed on an application filed prior to 30.12.2017, then the provisions of the Act is not applicable.
In light of the empathetic declaration of law in Renjith George's case (supra) and the fact the petitioner had preferred Ext.P15 application on 19.11.2010, which is ultimately allowed by Ext.P4 order by the 3 rd respondent on 18.02.2021, I am of the definite view that Exts.P9 and P13 WP(C) NO. 7151 OF 2025 5 2025:KER:57464 orders are patently erroneous and unsustainable in law. In the aforesaid circumstances, I allow the writ petition by quashing Exts.P9 and P13 orders and by directing the 2 nd respondent to reconsider Ext.P5 application, in accordance with law and as expeditiously as possible, at any rate, within 60 days from the date of production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE NAB WP(C) NO. 7151 OF 2025 6 2025:KER:57464 APPENDIX OF WP(C) 7151/2025 PETITIONER EXHIBITS EXHIBIT P1(a) THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.1745 OF 1984 OF CHENGAMANAD SUB REGISTRY EXHIBIT P1(b) THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.2133 OF 1984 OF CHENGAMANAD SUB REGISTRY EXHIBIT P1(c) THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.2623 OF 2002 OF CHENGAMANAD SUB REGISTRY EXHIBIT P1(d) THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.3367 OF 2002 OF CHENGAMANAD SUB REGISTRY EXHIBIT P1(e) THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.1492 OF 2003 OF CHENGAMANAD SUB REGISTRY EXHIBIT P1(f) THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.3919 OF 1993 OF CHENGAMANAD SUB REGISTRY EXHIBIT P1(g) THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.1792 OF 2004 OF CHENGAMANAD SUB REGISTRY EXHIBIT P2 THE TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT BEARING NO.KL07040111449/2023 DATED 03-11-2023, IN THANDAPER ACCOUNT NUMBER 3081 ISSUED BY THE VILLAGE OFFICER, CHENGAMANAD VILLAGE EXHIBIT P2(a) THE TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT BEARING NO.KL07040111451/2023 DATED 03-11-2023, IN THANDAPER ACCOUNT NUMBER 6225 ISSUED BY THE VILLAGE OFFICER, CHENGAMANAD VILLAGE EXHIBIT P2(b) THE TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT BEARING NO.KL07040111453/2023 DATED 03-11-2023, IN THANDAPER ACCOUNT NUMBER 7750 ISSUED BY THE VILLAGE OFFICER, CHENGAMANAD VILLAGE EXHIBIT P2(c) THE TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT BEARING NO.KL07040111454/2023 DATED 03-11-2023, IN THANDAPER ACCOUNT NUMBER 7794 ISSUED BY THE VILLAGE OFFICER, CHENGAMANAD VILLAGE EXHIBIT P2(d) THE TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT BEARING NO.KL07040111452/2023 DATED 03-11-2023, IN THANDAPER ACCOUNT NUMBER 6226 ISSUED BY THE VILLAGE OFFICER, CHENGAMANAD VILLAGE EXHIBIT P3 THE TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 27-10-2020 PASSED IN W.P.(C).NO.6533 OF 2017, ON THE FILES OF THIS HON'BLE COURT WP(C) NO. 7151 OF 2025 7 2025:KER:57464 EXHIBIT P4 THE TRUE PHOTOSTAT COPY OF THE ORDER BEARING NO.K1-390/21 DATED 18-02-2021 BY THE 3RD RESPONDENT EXHIBIT P5 THE TRUE PHOTOSTAT COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS UNDER SECTION 6A OF THE KERALA LAND TAX ACT DATED 03-06- 2023 BEFORE THE 2ND RESPONDENT EXHIBIT P6 THE TRUE PHOTOSTAT COPY OF THE LETTER DATED 23-06-2023 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 THE TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 11-08-2023 IN W.P.(C).NO.26607 OF 2023 PASSED BY THIS HON'BLE COURT EXHIBIT P8 THE TRUE PHOTOSTAT COPY OF THE LETTER DATED 24-08-2023 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.
EXHIBIT P9 THE TRUE PHOTOSTAT COPY OF THE ORDER BEARING NO.C8-2758/23 DATED 06-10-2023 PASSED BY THE 2ND RESPONDENT IN EXHIBIT P5 APPLICATION EXHIBIT P10 THE TRUE PHOTOSTAT COPY OF THE APPEAL DATED 04-11-2023 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT EXHIBIT P11 THE TRUE PHOTOSTAT COPY OF THE LETTER DATED 18-01-2024 ISSUED BY THE PETITIONERS TO THE 1ST RESPONDENT EXHIBIT P12 THE TRUE PHOTOSTAT COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C).NO. 10038 OF 2024 EXHIBIT P13 THE TRUE PHOTOSTAT COPY OF THE ORDER DATED 01-01-2025 PASSED BY THE 1ST RESPONDENT IN EXHIBIT P10 APPEAL EXHIBIT P14 THE TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE DATA BANK PREPARED UNDER THE PROVISIONS OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008 EXHIBIT P15 A TRUE PHOTOSTAT COPY OF THE APPLICATION UNDER CLAUSE 6 OF THE KLU SUBMITTED BY US BEFORE THE 3RD RESPONDENT DATED 19-11-2010