Kerala High Court
Dr.Jacob Daniel vs State Of Kerala on 26 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942
WP(C).No.5083 OF 2021(I)
PETITIONER/S:
1 DR.JACOB DANIEL,
AGED 66 YEARS,
S/O K. M. DANIEL,
KANJIRAMNILKKUNATHIL HOUSE,
KMC XIX 329, CHALUKUNNU KARA,
KOTTAYAM VILLAGE,
KOTTAYAM (DIST.), PIN-686001.
2 DR. ALEYKUTTY JACOB,
AGED 66 YEARS,
W/O JACOB DANIEL,
KANJIRAMNILKKUNATHIL HOUSE,
KMC XIX 329, CHALUKUNNU KARA,
KOTTAYAM VILLAGE,
KOTTAYAM (DIST.), PIN-686001.
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
SHRI.MANU SANKAR P.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY FOR
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPRUAM, PIN-695001.
2 REVENUE DIVISIONAL OFFICER(RDO)
REVENUE DIVISIONAL OFFICE,
CIVIL STATION,
KOTTAYAM, PIN-686001.
W.P.(C) No.5083 of 2021
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3 ADDITIONAL TAHASILDAR (LAND RECORDS),
TALUK OFFICE, KOTTAYAM,
PIN-686001.
4 VILLAGE OFFICER,
VILLAGE OFFICE, KOTTAYAM,
PIN-686001.
5 AGRICULTURAL OFFICER & CONVENER LLMC,
KRISHI BHAVAN,
KOTTAYAM VILLAGE,
KOTTAYAM, PIN-686001.
BY SRI.PAUL ABRAHAM VAKKANAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.5083 of 2021
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W.P.(C) No.5083 of 2021
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JUDGMENT
Petitioners hold a land comprising of 8.09 Ares in
R.S.No.11/113, 8.09 Ares in R.S.No.114, 8.76 Ares in R.S.No.10, 5.37 Ares
in R.S.No.10/111-2 and 8.24 Ares in R.S.No.115 of Kottayam Village.
Although the land of the petitioners is shown in the revenue records as
'Nilam', the same was lying as a dry land when the Kerala Conservation
of Paddy Land and Wetland Act, 2008 (the Act) came into force. Earlier,
the predecessors of the petitioners had obtained permission from the
competent authority under the Kerala Land Utilization Order for making
use of the land which was held by them, for other purposes. Exts.P2 and
P3 are the orders obtained by the predecessors of the petitioners in this
regard. On 12.02.2021, the petitioners preferred an application before
the third respondent for reassessing the land as dry land under the
Kerala Land Tax Act and also for making appropriate corrections in the
revenue records pertaining to the classification of the land. Ext.P8 is the
application preferred by the petitioners for the said purpose. The
grievance of the petitioners concerns the delay on the part of the third
respondent in taking a decision on Ext.P8 application.
W.P.(C) No.5083 of 2021
2. Heard the learned counsel for the petitioners as also the
learned Government Pleader.
3. The learned counsel for the petitioners points out that
Ext.P8 application is not being disposed of by the third respondent as he
maintains the stand that the petitioners have to obtain orders under
Section 27A of the Act after remitting the prescribed fee, for the relief
claimed in Ext.P8 application.
4. In Renji K. Paul v. Revenue Divisional Officer, 2019 (2)
KLT 262, this court held that if the holder of a land which is not included
in the data bank prepared under the Act prefers an application for
permission to make use of the land for other purposes under the Land
Utilization Order before the coming into force of Act 29 of 2018, in terms
of which Sections 27A and 27C were introduced to the Act, the said
provisions cannot be pressed into service against such a land. In the case
on hand, the land of the petitioners is covered by orders under the Land
Utilization Order long before Act 29 of 2018. In other words, the
provisions of Act 29 of 2018 cannot be pressed into service in respect of
the land of the petitioner. Further, in Iype Varghese v. Revenue
Divisional Officer, 2020 (5) KLT 403, this Court held that where
statutory permission for change of user of land has been obtained for
conversion of a paddy land to a garden land in terms of the provisions
contained in the Kerala Land Utilisation Order, then it is the obligation of
the competent authority under the Land Tax Act to make a fresh
assessment of the land so as to collect the higher land tax for such
converted land and to issue appropriate directions to the officers
W.P.(C) No.5083 of 2021
concerned to make additional entries in the Basic Tax Register so as to
reflect the nature of the land as garden land/Purayidam in the said
Register.
In the circumstances, the writ petition is disposed of directing
the third respondent to reassess the land of the petitioners, treating the
same as Purayidam/dry land and issue appropriate orders directing the
officers concerned to change the classification of the land in the Basic
Tax Register and other revenue records as Purayidam/dry land, if the said
land is covered by Exts.P2 and P3 orders. This shall be done within two
months from the date of production of a copy of this judgment.
Sd/-
P.B.SURESH KUMAR, JUDGE
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W.P.(C) No.5083 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF LAND TAX RECEIPT
NO.KL05031205827/2020 DATED 30.12.2020 OF
KOTTAYAM VILLAGE OFFICE.
EXHIBIT P2 TRUE COPY OF THE ORDER BEARING FILE NO.
K.DIS.11032/87/D DATED 26/05/1988, ISSUED
BY THE RDO, KOTTAYAM.
EXHIBIT P3 TRUE COPY OF THE ORDER BEARING FILE NO.
K.DIS.4526/90/D DATED 09.01.1991, ISSUED
BY THE ASSISTANT COLLECTOR, KOTTAYAM.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED
28/09/1992 ISSUED BY THE VILLAGE OFFICER,
KOTTAYAM.
EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE
BEARING FILE NO. 306/11 DATED 22/06/2011
ISSUED BY VILLAGE OFFICER, KOTTAYAMN.
EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF DRAFT
DATA BANK ISSUED FROM KRISHI BHAVAN
KOTTAYAM.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
12.02.2021 SUBMITTED BY THE PETITIONERS
BEFORE THE 5TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED
12.02.2021 SUBMITTED BY THE PETITIONERS
BEFORE THE 3RD RESPONDENT.
