Kerala High Court
Sini Punnoose vs The District Collector on 8 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.9197 OF 2021(Y)
PETITIONER:
SINI PUNNOOSE
AGED 55 YEARS
W/O.K.N.PUNNOOSE, TRUSTEE,
BELIEVERS CHURCH OF INDIA, MEENTHALAKKARAMURI,
MANJADI, THIRUVALLA-689105.
BY ADV. SRI.PRAVEEN K. JOY
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, KAKKANAD,
ERNAKULAM-682030.
2 REVENUE DIVISIONAL OFFICER,
FORT KOCHI, FIRST FLOOR, KB JACOB RD,
ERNAKULAM-682001.
3 THE TAHSILDAR,
KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK, MARINE
DRIVE, ERNAKULAM-682011.
4 THE VILLAGE OFFICER,
MARADU VILLAGE OFFICE, NETTOOR, ERNAKULAM-682040.
BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.9197 of 2021
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Dated this the 8th day of April, 2021
JUDGMENT
The writ petition is filed seeking the
following reliefs:-
"A. To issue writ, order or direction in the
nature of mandamus directing the 3rd respondent
to take up the matter under Ext.P3 request and
Ext.P4 application under the Kerala Land Tax Act
and to conclude the proceedings by making
necessary entries in the revenue records and re-
assessing the land in view of Ext.P2 order passed
by the 2nd respondent in tune with the dictum in
2015 (2) KLT 516, within a time limit, to be fixed
by this Honourable Court, in the interest of
justice.
B. To issue directions to the 4th respondent
to accept the land tax with respect to the property
covered under Ext.P1 tax receipt after effecting
BTR corrections and re-assessment is made by the
3rd respondent.
C. To grant such other reliefs as deemed fit
and proper, in the interest of justice."
W. P. (C) No.9197 of 2021
2. Ext.P2 is the order dated 18.08.1998 under
the Kerala Land Utilization Order, 1967 granting
permission for conversion of land for purposes
other than paddy cultivation. On the strength of
the said order, the petitioner has submitted Ext.P3
request along with Ext.P4 application in form-A,
under the Kerala Land Tax Act seeking re-assessment
and for making necessary entries in the revenue
records regarding the nature of the property. The
petitioner maintains that the property in question
has not been included in the data bank maintained
under the Kerala Conservation of Paddy land and
Wetland Act.
3. The writ petition is disposed of directing
the third respondent to consider Ext.P3 application
submitted by the petitioner, on verification of the
W. P. (C) No.9197 of 2021
relevant records including the identity of the
property covered under Ext.P2 order. The same shall
be done as expeditiously as possible and at any
rate within a period of four months 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.9197 OF 2021(Y)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED
19.03.2020 OF MARADU VILLAGE.
EXHIBIT P2 THE TRUE COPY OF THE ORDER
NO.K.DIS.1986/98/K OF THE 2ND RESPONDENT
DATED 18.08.1998.
EXHIBIT P3 THE TRUE PHOTOCOPY OF THE REQUEST SUBMITTED
BEFORE THE 3RD RESPONDENT DATED 31.03.2021.
EXHIBIT P4 THE TRUE PHOTOCOPY OF THE APPLICATION IN
FORM A UNDER SECTION 6 OF THE KERALA LAND
TAX ACT FOR RE-ASSESSMENT OF LAND.
EXHIBIT P5 THE TRUE PHOTOCOPY OF THE RECEIPT WITH
NO.H3/8212/2021 ISSUED FROM THE OFFICE OF
THE 3RD RESPONDENT DATED 31.03.2021.
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