Basil Madappilly vs The Revenue Divisional Officer
2021 Latest Caselaw 17682 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                        WP(C) NO. 9472 OF 2021
PETITIONER:

            BASIL MADAPPILLY
            AGED 38 YEARS
            SON OF SRI. GEORGE, MADAPPILLY HOUSE,
            OORAKKADU KARA, EDATHALA P.O., -683565.

            BY ADVS.
            SOYUZ K.KOSHY
            E.V.BABYCHAN


RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER
            MINI CIVIL STATION, MUVATTUPUZHA-686669.

    2       THE TAHSILDAR,
            KUNNATHUNADU TALUK, POOPPANI RD.,
            PERUMBAVOOR, PIN-683543.

 *ADDL.R3 THE TAHSILDAR (LR),
          KUNNATHUNADU TALUK, POOPPANI RD.,
          PERUMBAVOOR, PIN-683543.

            (*IS SUO MOTU IMPLEADED AS PER ORDER DATED 27.08.2021)

            SMT.SURYA BINOY B., SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9472 OF 2021

                                          2




                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) A Writ, Order or direction in the nature of mandamus or any other appropriate Writ, Order of direction to the 2nd respondent to issue fresh assessment orders and make additional entries in the BTR of the property in respect of which Exhibit P2 application is submitted.

(ii) Issue such other writ order or direction as this Honourable Court may deem fit and proper in the circumstances of the case."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is the owner in possession of 80.80 Ares of land in Survey

Nos.59/5 and 59/6 of Aikkaranad North Village of Kunnathunadu Taluk of

Ernakulam district. It is submitted that he had secured Ext.P1 order from

the RDO on 28.02.2009 in terms of Clause 6(2) of the Kerala Land Utilization

Order in respect of the said property. It is submitted that thereafter, the

petitioner has submitted Ext.P2 request along with an application in Form A

for reassessment and correction of the Basic Tax Register. It is submitted by

the learned counsel for the petitioner that the said application is liable to be WP(C) NO. 9472 OF 2021

considered in accordance with law.

4. Having heard the learned Government Pleader also, I am of the

opinion that since the petitioner has submitted the application before the

2nd respondent, the same is liable to be considered in accordance with law.

There will, accordingly, be a direction to the additionally impleaded 3 rd

respondent to take up, consider and pass orders on Ext.P2 application

preferred by the petitioner, after completing all formalities and procuring

all reports, within a period of two months from the date of receipt of a copy

of this judgment. Ext.P1 order shall be duly taken note of by the additionally

impleaded 3rd respondent while passing orders as directed above. The date

of actual conversion pursuant to Ext.P1 shall also be ascertained by the

additionally impleaded 3rd respondent before passing orders. The petitioner

shall produce a copy of the writ petition along with a copy of this judgment

before the 3rd respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 9472 OF 2021

APPENDIX OF WP(C) 9472/2021

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER A9-416/09 OF THE 1ST RESPONDENT DATED 28.2.2009.

EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 27.3.2021.

RESPONDENT'S/S EXHIBITS: NIL