Kerala High Court
S.Rajakrishnan vs Revenue Divisional Officer on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
WP(C).No.1935 OF 2021
PETITIONER:
S.RAJAKRISHNAN
AGED 64 YEARS
S/O SREENIVASA REDDIAR, DUKES 2B, SKYLINE IMPERIAL
GARDENS, JNI STADIUM LINKROAD,PALARIVATTOM,
ERNAKULAM-682 025.
BY ADVS.
SRI.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SRI.ANIL SEBASTIAN PULICKEL
SMT.DIVYA SARA GEORGE
SMT.NANDA SANAL
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER
SECOND FLOOR, MINI CIVIL STATION, UNION CLUB ROAD,
PUTHENANGADY, KOTTAYAM, KERALA-86 001.
2 STATE BARD OF LAND REVENUE,
REPRESENTED BY ITS SECRETARY, REVENUE COMPLEX,
PUBLIC OFFICE BUILDING, MUSEUM ROAD,
THIRUVANANTHAPURAM-695 033.
3 THE THAHSILDAR,
FIRST FLOOR, MINI CIVIL STATION, UNION CLUB ROAD,
KOTTAYAM, KERALA-686 001.
4 VILLAGE OFFICER,
NATTAKOM VILLAGE OFFICE, NATTOKOM, KOTTAYAM,
KERALA-686 013.
5 AGRICULTURAL OFFICER,
KRISHI BHAVAN NATTAKOM,
MARIYAPALLY P.O.KOTTAYAM-686 013.
BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKAAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C).No.1935 of 2021 2
JUDGMENT
The petitioner has preferred Ext.P7 application before the 3 rd
respondent Tahsildar for effecting a change in the classification of the
land in the Basic Tax Register. In the Writ Petition, the petitioner has
produced Exts.P3 and P4 orders that were passed in respect of the land
under Clause 6(2) of the Kerala Land Utilisation Order on an earlier
occasion. The contention of the petitioner is that in view of the Kerala
Land Utilisation Orders already passed in respect of the land the 3 rd
respondent ought to effect a consequential corrections in the Basic Tax
Register by acting on Ext.P7 application. The petitioner also places
reliance on Tahsildar, Thodupuzha Taluk and Another v. Renjith
George [2020 (1) KHC 865].
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 3rd respondent to consider and pass orders on Ext.P7
application, taking note of Exts.P3 and P4 orders under the Kerala Land
Utilisation Order as also the decision rendered above and to effect the
consequential corrections/additional entries in the Basic Tax Register
without following the procedural formalities under Section 27A of the
Kerala Conservation of Paddy and Wetland Act, 2008. The 3 rd respondent
Tahsildhar shall do the needful, within an outer time limit of six weeks
from the date of receipt of a copy of this judgment.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
mns/25.01.2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 16.9.2020
FOR THE ASSESSMENT YEAR 2020-21
EXHIBIT P1 (A) TRUE COPY OF THE SETTLEMENT DEED NO
3023/2013 EXECUTED BY THE PETITIONER IN
FAVOUR OF HIS SON SRIRAM RAJAKRISHNAN
31.10.2013
EXHIBIT P2 TRUE COPY OF THE CORRELATION CERTIFICATE
DATED 29.12.2020 ISSUED BY THE 4TH
RESPONDENT
EXHIBIT P3 TRUE COPY OF THE ORDER NO K.DIS 9258/86/D
DATED 12.1.1988 ISSUED BY THE 1ST
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE 2ND
RESPONDENT BOARD OF REVENUE DATED
28.6.1989
EXHIBIT P5 TRUE COPY OF THE REPORT DATED 9.2.1993 OF
THE 4TH RESPONDENT VILLAGE OFFICER,
NATTAKOM
EXHIBIT P6 TRUE COPY OF THE REPORT DATED 25.9.2013
ISSUED BY THE 5TH RESPONDENT
EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER UNDER S.6 OF THE KERALA
LAND TAX ACT, 1961 DATED 1.1.2021 ALONG
WITH POSTAL RECEIPT BEFORE THE 3RD
RESPONDENT
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
