V.A.Rajan vs The Revenue Divisional ...
2021 Latest Caselaw 2411 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.28303 OF 2020(K)


PETITIONER/S:

                V.A.RAJAN,
                AGED 72 YEARS
                S/O.V.K.AYAPPAKUTTY,VATTAMPARAMBIL
                HOUSE,CHOWANNOOR.P.O,KUNNAMKULAM,
                THRISSUR DISTRICT,PIN-680517.

                BY ADV. SRI.P.K.SOYUZ

RESPONDENT/S:

      1         THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR
                COLLECTORATE,AYYANTHOLE.P.O,
                THRISSUR-680003.

      2         THE TAHSILDAR(L.R),
                TALUK OFFICE,KUNNAMKULAM,CHAVAKKAD.P.O,
                THRISSUR DISTRICT,PIN-680506.

      3         THE LOCAL LEVEL MONITORING COMMITTEE,
                KUNNAMKULAM MUNICIPALITY,REPRESENTED BY ITS CONVENOR
                AGRICULTURAL OFFICER,
                KRISHI BHAVAN,KUNNAMKULAM.P.O,
                THRISSUR DT,PIN-680503.

      4         THE VILLAGE OFFICER,
                KUNNAMKULAM VILLAGE,KAKKAD,
                KUNNAMKULAM.P.O,THRISSUR DISTRICT,
                PIN-680503.


OTHER PRESENT:

                GP 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.28303 OF 2020(K)

                                      2




                                   JUDGMENT

The petitioner has preferred Ext.P11 application for re-assessment of

the land in the BTR. On a perusal of the averments in the writ petition, it

would appear that the petitioner had approached the respondent Tahasildar

with a request for effecting corrections in the nature of the land in the BTR

as also for re-assessment of land tax in the said register. The Tahasildar, had

earlier expressed his reservations in the matter of effecting corrections in the

nature of the land in the BTR, by relying on a provision in the Rules which

has subsequently been declared utlra vires by this Court and affirmed by the

Supreme Court.

Taking note of the said developments, I am of the view that in as much

as the petitioner has already produced before the 2 nd respondent Tahasildar,

a copy of the order passed in favour of the predecessor in interest of the land

in question, under clause 6(2) of the Kerala Land Utilisation Order, the 2nd

respondent Tahasildar would now have to effect the consequential

corrections with regard to the nature of the land in the BTR and re-assess the

land accordingly. To enable the 2 nd respondent Tahasildar to do so, I

relegate the petitioner to the 2nd respondent and direct that on the petitioner

producing a copy of this writ petition and judgment before the 2 nd Tahasildar,

the 2nd respondent shall consider Ext.P6 order passed in respect of the land

in question, when it was in the hands of the predecessor in interest of the

petitioner and record the change in the nature of the land in the BTR for tax WP(C).No.28303 OF 2020(K)

purposes. The 2nd respondent shall do the needful within a period of one

month from the date of production of a copy of this judgment and the writ

petition, by the petitioner before the 2nd respondent.

This writ petition is disposed as above.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

SJ WP(C).No.28303 OF 2020(K)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.3129/1994 DATED 26.12.1994 OF KUNNAMKULAM SRO.

EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.3135/1994 DATED 28.12.1994 OF KUNNAMKULAM SRO.

EXHIBIT P3 TRUE COPY OF THE SALE DEED NO.55/1995 DATED 16.01.1995 OF KUNNAMKULAM SRO.

EXHIBIT P4 TRUE COPY OF THE SALE DEED NO.63/1995 DATED 16.01.1995 OF KUNNAMKULAM SRO.

EXHIBIT P5 TRUE COPY OF THE LAND TAX RECEIPT DATED 01.07.2019

EXHIBIT P6 TRUE COPY OF THE ORDER OF K.DIS 1378/94 DATED 23.02.1984 OF THE 1ST RESPONDENT UNDER KLUO 1967.

EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PREPARED BY THE 3RD RESPONDENT LLMC.

EXHIBIT P8 TRUE COPY OF THE MINUTES OF THE MEETING OF THE 3RD RESPONDENT LLMC DATED 05.11.2020.

EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 12.10.2020 SUBMITTED BEFORE THE 2ND RESPONDENT

EXHIBIT P10 TRUE COPY OF THE ORER NO.B2-6607/20 DATAED 16.10.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P11 TRUE COPY OF THE APPLICATION IN FORM NO.A OF THE BEFORE THE 2ND RESPONDENT DATED 25.11.2020.

EXHIBIT P12 TRUE COPY OF THE POSTAL RECEIPT DATED 01.12.2020.