Shamsu T.M vs The District Collector
2021 Latest Caselaw 17161 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
     FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                       WP(C) NO. 16741 OF 2021
PETITIONER:

          SHAMSU T.M.,AGED 46 YEARS,S/O.MAYINKUTTY, THAYALAN
          HOUSE, CHOORAKKODU, PATIMOTTOM P.O, PATTIMATTOMVILLAGE,
          KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-683 562

          BY ADVS.
          ANISH PAUL
          K.V.SURESH KUMAR


RESPONDENTS:

    1     THE DISTRICT COLLECTOR,ERNAKULAM DISTRICT,
          COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT-682 030

    2     THE REVENUE DIVISIONAL OFFICER,REVENUE DIVISION OFFICE,
          MUVATTUPUZHA P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT-686
          666

    3     THE TAHSILDAR,KUNNATHUNADU TALUK, TALUK OFFICE,
          PERUMBAVOOR, PERMBAVOOR P.O, ERNAKULAM DISTRICT-683 552

    4     THE VILLAGE OFFICER,PATTIMATTOM VILLAGE OFFICE,
          PATTIMATTOM P.O, ERNAKULAM DISTRICT 683 562.

          GP SRI.P.S.APPU


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16741 OF 2021
                                2



                          JUDGMENT

The petitioner confines his relief for an

expeditious consideration of Ext P3 application

filed by him before the 3rd respondent seeking re-

assessment of tax in terms of Section 6 of the

Kerala Land Tax Act.

2. Ext P2 is a copy of the order in favour of

the petitioner sanctioning conversion in terms of

Clause of 6(2) of the Kerala Land Utilization Order.

It is on the strength of the said order that the

petitioner submitted Ext P3 application for re-

assessment of tax and for making additional entry

regarding the nature of the land in the revenue

records.

3. Having secured an order under Kerala Land

Utilization Order, the petitioner is not required to

obtain further orders in terms of Section 27A of the

Kerala Conservation of Paddyland and Wetland Act, WP(C) NO. 16741 OF 2021

2008(for short, 'the Act'). His application under

Section 6 of the Land Tax Act is liable to be

considered and orders passed. The law in the said

regard has been declared by this Court in various

judgments.

Accordingly, the writ petition is disposed of

directing the 3rd respondent to consider and pass

orders on Ext P3 application, after ascertaining the

identity of the property, as expeditiously as

possible and at any rate within a period of two

months from the date of receipt of a copy of this

judgment.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 16741 OF 2021

APPENDIX OF WP(C) 16741/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPTS DATED 26.05.2020 ISSUED BY THE 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER DATED 26.06.2015 OF THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 22.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE REPORTED JUDGEMENT DATED 14.02.2019 IN W.P.C NO. 6939/2018 OF THIS HON'BLE COURT.

Exhibit P5 TRUE COPY OF THE REPORTED JUDGMENT DATED 29.7.2020 IN W.P.C NO.

11519/2020 OF THIS HON'BLE COURT.

Exhibit P6 TRUE COPY OF THE JUDGEMENT DATED 02.12.2020 IN W.P.C NO. 26769/2020 OF THIS HON'BLE COURT.