Kerala High Court
Reemi Tomy vs The State Of Kerala on 1 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.400 OF 2021(Y)
PETITIONER:
REEMI TOMY
AGED 36 YEARS
D/O.TOMY JOSEPH, NO.12, MULACKAL HOUSE, MYTHRI
NAGAR, EDAPPALLY, ERNAKULAM DISTRICT - 682 024.
BY ADVS.
SRI.R.MURALEEKRISHNAN
SMT.BINU K.B.
SRI.V.S.NOWSHAD
SMT.T.M.RESHMY
SMT.SITHARA.S
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVT. REVENUE
DEPARTMENT, GOVT. SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI, ERNAKULAM DISTRICT - 682001.
3 THE THAHASILDAR, KANAYANNOOR TALUK
ERNAKULAM DISTRICT - 682 011.
4 THE VILLAGE OFFICER
ELAMKULAM, ERNAKULAM DISTRICT - 682 020.
5 THE CORPORATION OF KOCHI
REPRESENTED BY ITS SECRETARY,
ERNAKULAM DISTRICT - 682 011.
6 THE SECRETARY, CORPORATION OF KOCHI
ERNAKULAM DISTRICT - 682 011.
7 THE ASSISTANT EXECUTIVE ENGINEER
CORPORATION OF KOCHI, ZONAL OFFICE, VYTILA,
ERNAKULAM DISTRICT - 682 019.
R4-7 BY ADV. SRI.S.SUDHISH KUMAR,SC
BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C).No.400 of 2021 2
JUDGMENT
The petitioner has approached this Court aggrieved by Ext.P10
order of the Revenue Divisional Officer that requires her to make
payments under Section 27A of the Kerala Conservation of Paddy Land
and Wet Land Act, 2008, for the purposes of obtaining a permission to
change the entry in the Basic Tax Register pertaining to the land in
question. In the Writ Petition, it is the further case of the petitioner that
Ext.P7 application for building permit that was submitted before the 5 th
respondent Corporation has not been processed citing the present
classification of the land belonging to the petitioner in the Basic Tax
Register. The petitioner also points to Ext.P11 judgment of this Court,
where, in almost identical circumstances, and pertaining to another plot
in Giri Nagar residential colony, this Court observed that solely because
the property continues to be paddy land in the revenue records, the plot
which fell within the Giri Nagar colony, for which the Government had
acquired large extents of land, which was thereafter developed by the
Greater Cochin Development Authority (GCDA), did not have to undergo
the process of getting further orders under the Kerala Land Utilisation
Order or under the Kerala Conservation of Paddy Land and Wet Land
Act, 2008. It is stated that, taking cue from the said judgment, a
direction ought to be issued to the revenue authorities to consider the
application preferred by the petitioner under 6A of the Kerala Land Tax
Act and effect the consequential changes in the description of the land in
the Basic Tax Register and other revenue records. There is a further
prayer to direct the respondent Corporation to consider the application
for building permit based on the aforesaid facts.
2. I have heard the learned counsel for the petitioner, learned
Government Pleader for the respondents 1 to 4 and the learned Standing
counsel for the respondents 5 to 7.
3. On a consideration of the facts and circumstances of the case
and the submissions made across the Bar, I find force in the contention
of learned counsel for the petitioner, placing reliance on Ext.P11
judgment of this Court, that merely for the reason that the description of
the land in the Basic Tax Register is as paddy land, the petitioner cannot
be denied the benefit of carrying on constructions on the land by treating
it as dry land. This is more so because the land in question falls in an
area, which was converted as a residential colony named 'Giri Nagar' as
early as in 1965 and pursuant to the development of land by the GCDA.
At this distance of time, after constructions have been completed in the
said land, the respondents cannot insist on the petitioner complying with
the provisions of the Kerala Conservation of Paddy Land and Wet Land
Act, 2008 and getting permissions from the revenue authorities for
carrying out activities other than agriculture on the said land.
4. Accordingly, I allow this Writ Petition by quashing Ext.P10
order and directing the 3rd respondent Tahasildar to effect the
consequential corrections in the nature of the land within three weeks
from the date of receipt of an application from the petitioner for such
correction. The 6th respondent Secretary of the Corporation of Cochin
shall also, within three weeks from the date of receipt of a copy of this
judgment, consider Ext.P7 application for building permit submitted by
the petitioner and consider and pass orders on the same, on merits,
without insisting on the petitioner producing any certificate with regard
to change in the entry in the Basic Tax Register pertaining to the land in
question. The petitioner shall produce a copy of the writ petition
together with a copy of this judgment, before the respondents, for
further action.
The Writ Petition disposed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
mns/01.02.2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2508/2019
DATED 18/7/2019 OF SRO ERNAKULAM.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT ISSUED BY
THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE BASIC LAND TAX RECEIPT
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LAND IDENTIFICATION
DETAILS ISSUED BY THE KRISHI BHAVAN,
VYTTILA.
EXHIBIT P5 TRUE COPY OF THE SALE DEED VIDE
NO.1348/1991 OF SRO ERNAKULAM.
EXHIBIT P6 TRUE COPY OF THE BUILDING TAX RECEIPT
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE APPLICATION FOR PERMIT
DATED 11/9/2020.
EXHIBIT P8 TRUE COPY OF THE REPORT OF THE 4TH
RESPONDENT DATED 30/9/2020.
EXHIBIT P9 TRUE COPY OF THE NOTICE ISSUED BY THE 6TH
RESPONDENT DATED 14/10/2020.
EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 27/11/2020
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED
28/10/2019 IN WPC 5874/2019 OF HON'BLE
HIGH COURT OF KERALA.
EXHIBIT P12 TRUE COPY OF THE APPLICATION DATED
10/12/2020 SUBMITTED TO THE 3RD
RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE NOTICE ISSUED BY THE 7TH
RESPONDENT DATED 22/12/2020.
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
