C. C. Job vs The Tahasildar
2021 Latest Caselaw 5591 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                       WP(C).No.3950 OF 2021(P)


PETITIONER:

               C. C. JOB
               AGED 61 YEARS
               S/O. C. I. CHERU, CHEMMANNUR HOUSE,
               KUNNAMKULAM P. O., KUNNAMKULAM VILLAGE,
               KUNNAMKULAM TALUK, THRISSUR DISTRICT.

               BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

      1        THE TAHASILDAR, KUNNAMKULAM TALUK
               MINI CIVIL STATION, KAKKAD, THRISSUR DISTRICT,
               PIN - 680 503.

      2        THE SUB COLLECTOR / REVENUE DIVISIONAL OFFICER
               (R.D.O)
               THRISSUR, FIRST FLOOR, CIVIL STATION, CIVIL LINES
               ROAD, AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003.

      3        THE TAHASILDAR
               THALAPPILLY TALUK, WADAKKANCHERY P. O.,
               PIN - 680 623, THRISSUR DISTRICT.

      BY GOVT. PLEADER SRI.RAVI KRISHNAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
            ==================
                  W. P. (C) No.3950 of 2021
            ==================
           Dated this the 16th day of February, 2021

                            JUDGMENT

The petitioner along with his brothers are the

joint owners of 29.83 Ares of property in RS 75/12/3 of Kunnamkulam village as inherited from

their mother, late C.C. Kunjamma. As per Ext.P1

order dated 20.07.2015, under the Kerala Land

Utilization Order, the property was permitted to be

used for constructing a commercial building.

2. On the strength of Ext.P1 order, the

petitioner submitted Ext.P2 application before the

first respondent, Tahsildar for making necessary

entries of the revenue records on the basis of

Ext.P1 and also to reassess tax. According to the

petitioner, the first respondent refused to accept

the application, and required the petitioner to

submit an application seeking change in the nature

of land in terms of Section 27A and 27C of the

Kerala Conservation of Paddy land and Wetland

(Amendment Act) 2018.

W. P. (C) No.3950 of 2021

3. Ext.P1 order under Clause-6 of the Kerala

Land Utilization Order having been passed as early

as on 20.07.2015, it is not necessary for the

petitioner to move under Sections 27A and 27C of

the Kerala Conservation of Paddy land and Wetland

(Amendment Act) 2018. It would be sufficient if the

petitioner seeks for entry in the BTR regarding the

change in nature of land and for reassessment of

tax.

4. The learned Government Pleader submits that

along with Ext.P2 request, the petitioner may make

an application in Form-A to the Kerala Land Tax

Rules, 1972 and that it will be considered and

necessary orders passed.

In the result, this writ petition is disposed

of with a direction to the first respondent that in

the event of the petitioner submitting Ext.P2

application along with an application in Form-A to

Kerala Land Tax Rules 1972, the same shall be

considered in the light of Ext.P1 order passed

under KLU, and orders passed within a period of W. P. (C) No.3950 of 2021

three 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.3950 OF 2021(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 20.07.2015 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 12.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE POSTAL RECEIPT DATED 20.01.2021 REGARDING THE SUBMISSION OF APPLICATION.

EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 21.01.2021 WHICH PROVES THE DATED OF RECEIPT OF APPLICATION BY FIRST RESPONDENT.

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