T.S.Nikhil vs State Of Kerala
2021 Latest Caselaw 2410 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                       WP(C).No.28037 OF 2020(D)

PETITIONER/S:

                T.S.NIKHIL,AGED 31 YEARS
                S/O.SASHEENDRAN (LATE), THOPPIL HOUSE
                THAIKKATTUKARA POST, ERNAKULAM DIST.
                PIN - 683 106.

                BY ADV. SRI.AVANEESH KOYIKKARA

RESPONDENT/S:

      1         STATE OF KERALA,REPRESENTED BY ITS SECRETARY
                REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT
                THIRUVANANTHAPURAM - 695 001.

      2         THE LAND REVENUE COMMISSIONER
                COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE
                BUILDING, MUSEUM JN., THIRUVANANTHAPURAM - 695033.

      3         THE DISTRICT COLLECTOR,ERNAKULAM CIVIL STATION,
                KAKKANAD POST, ERNAKULAM - 682 030.

      4         THE REVENUE DIVISIONAL OFFICER,FORT KOCHI, REVENUE
                DIVISIONAL OFFICE, KB JACOB RD., FORT KOCHI, KOCHI
                HEAD POST, ERNAKULAM - 682001.

      5         TAHSILDAR, PARAVOOR
                PARAVOOR TALUK OFFICE, 1ST FLOOR, SUBREGISTRAR
                OFFICE, POLICE STATION ROAD, PARAVOOR POST, ERNAKULAM
                DIST., PIN - 683 513.

      6         VILLAGE OFFICER,KARUMALLOOR
                KARUMALLOOR VILLAGE OFFICE
                KARUMALLOOR POST, ERNAKULAM DIST.
                PIN - 683 511.


OTHER PRESENT:

                GP: SRI.A RAVIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28037 OF 2020(D)                 2




                                    JUDGMENT

The petitioner has preferred Ext.P3 application for correction of the BTR

before the 5th respondent Tahsildar. In the writ petition the petitioner has

produced Ext.P2 KLU order passed in favour of the petitioner permitting the

petitioner to use the land for non-agricultural purposes. In the light of the said

order, the 5th respondent would now be obliged to effect the consequential

corrections/alternate entries in the BTR based on Ext.P2 order.

The writ petition is, therefore, disposed by directing the 5 th respondent to

act on Ext.P3 application and effect the consequential corrections/alternate entries

in the BTR, within an outer time limit of six weeks from the date of receipt of a

copy of this judgment after verifying the particulars of the land covered in Ext.P2

KLU order. The petitioner shall produce a copy of this judgment together with a

copy of the writ petition before the 5th respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE APPLICATION DATED 24/07/2017 FOR KLU ORDER SUBMITTED BEFORE 3RD RESPONDENT ON 28/08/2017 ALONG WITH POSTAL ACKNOWLEDGMENT.

EXHIBIT P2 THE TRUE COPY OF THE PERMISSION UNDER THE KLU ORDER ISSUED BY THE 4TH RESPONDENT DATED 06/10/2020.

EXHIBIT P3 THE TRUE COPY OF THE APPLICATION DATED 14/10/2020 FOR REASSESSMENT/FRESH ASSESSMENT OF LAND TAX SUBMITTED BEFORE 5TH RESPONDENT ON 27/10/2020 ALONG WITH POSTAL ACKNOWLEDGMENT.