Kerala High Court
Paul Jose vs The District Collector on 23 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
WP(C).No.22032 OF 2020(D)
PETITIONER:
PAUL JOSE, AGED 46 YEARS,
S/O. K.T.JOSEPH, REPRESENTED BY HIS POWER OF
ATTORNEY HOLDER, K.T. JOSEPH, AGED 80 YEARS,
S/O. THARIAN, KEEZHANJALIYIL HOUSE, KALOOR (P.O),
ERNAKULAM-682 017
BY ADVS.
SRI.V.A.VINOD
SMT.M.S.SHAMLA
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION (P.O), ERNAKULAM-682030
2 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, ERNAKULAM-682 001
3 THE TAHASILDAR
KANAYANNOOR TALUK, ERNAKULAM-682 312.
4 THE VILLAGE OFFICER,
KAKKANAD VILLAGE, ERNAKULAM-682 030
5 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001
6 LOCAL LEVEL MONITORING COMMITTEE,
THRIKKAKARA GRAMA PANCHAYATH, REPRESENTED BY ITS
CONVENER, (AGRICULTURAL OFFICER, KRISHI BHAVAN,
THRIKKAKARA), ERNAKULAM-682 021
R1-6 BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.22032 of 2020
==================
Dated this the 23rd day of February, 2021
JUDGMENT
The property of the petitioner, having an
extent of 6.33 Ares in R.S. 369/3 Block No.9 of
Kakkanad Village, is shown as reclaimed land in the
Data Bank prepared under the Kerala Conservation of
Paddy Land and Wetland Act, 2008. On 28.10.2017,
the petitioner made an application under clause-6
of the Kerala Land Utilization Order seeking
sanction for conversion of the user of the land for
purposes other than agriculture. As per Ext.P7
order dated 13.11.2020, the application has been
granted. Thereupon, the petitioner made Ext.P8
request dated 19.11.2020 to the third respondent to
make necessary entries in the revenue records and
to have reassessment of tax done in terms of
Section 6A of the Kerala Land Tax Act. The
petitioner seeks for orders thereon.
2. It is pointed out by the learned Government
Pleader that, to seek reassessment of tax the
W. P. (C) No.22032 of 2020
petitioner will have to make an application in the
prescribed form and in the event of the same being
done, necessary orders shall be passed.
Accordingly the writ petition is disposed of
directing the petitioner to make necessary
application in the prescribed form as provided
under the Kerala Land Tax Act and Rules framed
thereunder seeking reassessment. In the event of
such an application being filed, Ext.P8 request
along with the said application shall be considered
by the third respondent in the light of the
permission granted under Ext.P7 order passed under
KLU Order and take necessary steps for reassessment
of tax and addition of entries in the revenue
records.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
WP(C).No.22032 OF 2020(D)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED
04.06.2019.
EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED
28.10.2017 SUBMITTED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE APPLICATION NUMBERED AS Q.
2701/2017 RECEIVED BY THE 4TH RESPONDENT
DATED 30.10.2017
EXHIBIT P2 B TRUE COPY OF THE APPLICATION NUMBERED AS
Q.2702/2017 RECEIVED BY THE 6TH RESPONDENT
DATED 30.10.2017.
EXHIBIT P3 TRUE COPY OF THE REPORT SUBMITTED BY THE
4TH RESPONDENT DATED 04.11.2017
EXHIBIT P4 TRUE COPY OF THE REPORT SUBMITTED BY THE
6TH RESPONDENT ON 03.11.2017.
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND
RESPONDENT OFFICE DATED 04.10.2019.
EXHIBIT P7 TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT DATED 13.11.2020
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 3RD RESPONDENT
ALONG WITH RECEIPT DATED 19.11.2020
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