Mathew Makiel vs The Tahasildar
2021 Latest Caselaw 2606 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                      WP(C).No.221 OF 2021(C)


PETITIONER:

               MATHEW MAKIEL
               AGED 41 YEARS
               S/O. ABRAHAM MAKIEL, MAKIEL HOUSE, KOTTAYAM P.O.,
               MUTTAMBALAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM
               DISTRICT-686001, REPRESENTED BY POWER OF ATTORNEY
               HOLDER M.K. MICHAEL, S/O. M.K. KURUVILA, 70YEARS,
               MALIAKAL HOUSE, NEENDOOR P.O., ONAMTHURUTH
               VILLAGE, KOTTAYAM DISTRICT.

               BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

      1        THE TAHASILDAR,
               KOTTAYAM TALUK, KOTTAYAM DISTRICT-686001.

      2        THE REVENUE DIVISIONAL OFFICER (RDO),
               KOTTAYAM, KOTTAYAM DISTRICT-686002.


               BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                     :2:
W.P(C).No.221 of 2021




                              JUDGMENT

The petitioner has preferred Ext.P3 application before the 1 st

respondent seeking a correction of the nature of the land in the Basic

Tax Register. In the Writ Petition, the petitioner has produced Ext.P2

order passed by the Revenue Divisional Officer (RDO) permitting the

conversion of the land for non-agricultural purposes. The limited prayer

in the writ petition now is for a direction to the 1 st respondent to

consider and pass orders on Ext.P3 application taking note of the

judgments of this Court, that inform the Tahsildhar as regards the

manner in which orders have to be passed based on the conversion

orders passed by the RDO.

2. I have heard the learned counsel appearing for the

petitioner and the learned Government Pleader appearing for the

respondents.

On a consideration of the facts and circumstances of the case as

also the submissions made across the bar, I dispose the writ petition with

a direction to the 1st respondent to consider and pass orders on Ext.P3

application, and effect a consequential changes/additional entry in the

Basic Tax Register based on Ext.P2 order of the RDO permitting the

W.P(C).No.221 of 2021

conversion of the land, within six weeks from the date of receipt of a

copy of this judgment, after hearing the petitioner. The petitioner shall

produce a copy of the writ petition together with a copy of this judgment

before the 1st respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

mns/22.01.2021

W.P(C).No.221 of 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 07/04/2017 IN WPC NO.2776/2017 OF THIS HONOURABLE COURT.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 31/03/2018 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 14/12/2020 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE