Muhammed Alias Muhammed Khader vs District Collector
2021 Latest Caselaw 5894 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                       WP(C).No.4255 OF 2021(F)

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PETITIONER:

               MUHAMMED ALIAS MUHAMMED KHADER
               AGED 54 YEARS
               S/O.KHADER, KURUNAPILLI HOUSE, PALLILAMKARA, HMT
               COLONY, COCHIN, 683 503, ERNAKULAM DISTRICT.

               BY ADV. SRI.A.P.SAMAL KUMAR

RESPONDENTs:

      1        DISTRICT COLLECTOR
               CIVIL STATION, KAKKANAND, ERNAKULAM DIST. 682 021.

      2        THE REVENUE DIVISIONAL OFFICER
               OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORTKOCHI
               682 001.

      3        THE TAHSILDAR
               TALUK OFFICE, PARAVUR, ERNAKULAM DIST. 683 513

      4        VILLAGE OFFICER
               KADUNGALLUR VILLAGE OFFICE, ERNAKULAM DIST - 683 110


                  GP. SRI. PAUL ABRAHAM VAKKANAL

   THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
   18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
   FOLLOWING:
 WP(C).No.4255 OF 2021(F)

                                       2

                        Sathish Ninan, J.
                 ==============================
                     W.P.(C) No.4255 of 2020
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            Dated this the 18th day of February, 2021

                                 JUDGMENT

The request of the petitioner to effect

correction in the Basic Tax Register regarding the

nature of his property from 'Nilam' to 'Purayidom',

was not acceded to by the third respondent -

Tahsildar. The petitioner was directed to initiate

steps under the Kerala Conservation of Paddyland and

Wetland Act seeking conversion of the nature of the

land.

2. Ext P2 produced along with the writ petition

is the proceedings of the Revenue Divisional Officer

dated 07.12.1994 in relation to the property in

question. It is a proceeding under the Kerala Land

Utilisation Order, 1967 whereunder, sanction was

accorded for conversion of the land in question for

purposes other than paddy cultivation. Order having

already been issued in terms of Clause 6 of the Kerala

Land Utilisation Order, 1967, all that the petitioner WP(C).No.4255 OF 2021(F)

needs to do is seek for addition of entry regarding

classification in the Basic Tax Register and for

re-assessment of the tax.

3. In the light of the above, the 3 rd respondent

is directed to consider the request of the petitioner

as per Ext P3, in the light of Ext P2 order under

Clause 6 of Kerala Land Utilisation Order, 1967 and

dehorse Ext P4 communication dated 09.02.2021 issued

by the Tahsildar. If the petitioner needs to submit

any application in prescribed forms, the same shall be

intimated to the petitioner to enable him to take

further steps. Let the needful be done without delay.

The writ petition is disposed of as above.

Sd/- Sathish Ninan, Judge

vdv WP(C).No.4255 OF 2021(F)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOSTAT COPY OF EXCHANGE DEED NO.2710/1/2020

EXHIBIT P2 TRUE PHOTOSTAT COPY OF PROCEEDINGS OF RDO FORT KOCHI DT.7.12.1994.

EXHIBIT P3 TRUE PHOTOSTAT COPY OF REPRESENTATION TO TAHSILDAR, DT. 1.2.2021

EXHIBIT P4 TRUE PHOTOSTAT COPY OF ORDER BY TAHSILDAR (LR) PARAVUR DT.9.2.2021.

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