Sajitha T.M vs Rajendra Babu
2021 Latest Caselaw 5914 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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

          Con.Case(C).No.2082 OF 2020 IN WP(C). 16260/2020

   AGAINST THE JUDGMENT IN WP(C) 16260/2020(F) OF HIGH COURT OF
                      KERALA DATED 24.08.2020


PETITIONERS:

      1        SAJITHA T.M,
               AGED 52 YEARS
               W/O.ANSHAD M.KHAN,
               LANTERN, KANJIKUZHY,
               MUTTAMBALAM P.O.,
               KOTTAYAM DISTRICT, PIN - 686 004.

      2        AFZAL MOHAMMED KHAN
               AGED 30 YEARS
               S/O.ANSHAD M.KHAN,
               LANTERN, KANJIKUZHY,
               MUTTAMBALAM P.O., KOTTAYAM DISTRICT, PIN - 686 004.

               BY ADVS.
               SRI.ADITHYA RAJEEV
               SHRI.SREEDEV U

RESPONDENT/1ST RESPONDENT IN WP(C):

               RAJENDRA BABU,
               AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
               TAHSILDAR, KOTTAYAM TALUK,
               TALUK OFFICE, KOTTAYAM DISTRICT, PIN - 686 001.



               SRI.K.J.MOHAMMED ANZAR, SPL.GP(REVENUE)

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C).No.2082 OF 2020 IN WP(C). 16260/2020
                                        2




                       ALEXANDER THOMAS, J.
              ==================================
                      C.O.(C) No.2082 of 2020
        (arising out of the judgment dated 24.08.2020 in W.P.(C).No.7218 of 2020)
              ==================================
                  Dated this the 18th day of February, 2021

                                   JUDGMENT

The aforecaptioned Cont.Case (Civil) has been filed alleging

non- compliance of the directions issued by this Court in Annexure

VII judgment dated 24.08.2020 in W.P.(C)No.16260 of 2020 filed by

the petitioners herein.

2. Today when the matter has been taken up for

consideration, Sri.K.J.Mohammad Anzar, the learned Special

Government Pleader (Revenue) would point out that the respondent-

Thahsidar has already passed proceedings dated 22.12.2020 under

Section 6A of the Kerala Land Tax Act, 1961, so as to correctly show

the nature of the said land as 'പരയട /garden land', with that, a rider

has been added therein that it will be subject to the result of the SLP

(Civil)No.11853 of 2020 filed by the State before the Apex Court (copy

of which is appended along with memo dated 03.02.2021). The

learned Special Government Pleader would also submit that since the

SLP(Civil)11853 of 2020 filed by the State has already been dismissed Con.Case(C).No.2082 OF 2020 IN WP(C). 16260/2020

by the Apex Court on 26.10.2020 and as the Writ Appeal filed by the

State as against the present Annexure VII judgment has also been

dismissed on 3.11.2020, strict instructions will be given to the

respondent-Tahsildar to immediately pass a revised order in place of

the proceedings dated 22.12.2020, ordering to show correctly the

changed nature of land as 'പരയട /garden land' and deleting the rider

therein that the said order may be altered later, subject to the result of

SLP(Civil)No.11853 of 2020, since the said SLP has already been

dismissed by the Apex Court. Further it is also submitted by the

learned Special Government Pleader that strict instructions will also

be given to the Village Officer concerned to immediately correct the

BTR to show the changed nature of land as 'പരയട /garden land ' and

not either as 'നല /paddy land' or as 'സസ്വഭഭാവ വവ്യത യഭാന വരുത യ ഭൂമ

(converted land)' etc. If the Tahsildar or Village Officer does not

comply with the abovesaid directions, within a reasonable time limit

of three weeks from the date of production of a certified copy of this

judgment, then the petitioner will be at liberty to file a fresh contempt

petition against that officials concerned.

3. The Registry will return back certified copy of Annexure

VII in WP(C)N0.7218 of 2020, if a request in that regard is made by

the petitioner's counsel. However, the Registry will ensure that Con.Case(C).No.2082 OF 2020 IN WP(C). 16260/2020

photocopy of the said document is placed in the original case file, for

the purpose of maintenance of records. The learned Special

Government Pleader will ensure that copies of the judgment are

immediately forwarded to the District Collector concerned, Village

Officer concerned and the Thahsildar concerned, for necessary

information and immediate compliance and also to issue land tax

receipt to the petitioners to correctly show the nature of the land as

'പരയട /garden land' and not either as 'നല /paddy land' or as 'സസ്വഭഭാവ

വവ്യത യഭാന വരുത യ ഭൂമ (converted land)' .

With these observations and directions, the above

Cont.Case(Civil) will stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

dlk/20.02.2021 Con.Case(C).No.2082 OF 2020 IN WP(C). 16260/2020

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE I A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 26/02/2015 IN W.P.

(C) NO.6085 OF 2015.

ANNEXURE II A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 14/12/2017 IN W.P.

(C) NO.21965 OF 2017.

ANNEXURE III A TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BEFORE THE 1ST RESPONDENT ON 17/7/2017.

ANNEXURE IV A TRUE COPY OF THE JUDGMENT DATED 24/09/2019 IN WP(C) NO.24357 OF 2019.

ANNEXURE V A TRUE COPY OF THE JUDGMENT DATED 16/06/2020 IN CON.CASE (C) NO.415 OF 2020.

ANNEXURE VI A TRUE COPY OF ORDER NO.K3.7192/14 DATED 24/03/2020 ISSUED BY THE RESPONDENT.

ANNEXURE VII A TRUE COPY OF THE JUDGMENT DATED 24/08/2020 IN W.P.(C) NO.16260 OF 2020.

ANNEXURE VIII A TRUE COPY OF THE JUDGMENT DATED 03/11/2020 IN W.A.NO.1396 OF 2020.