Marson vs The Revenue Divisional Officer
2021 Latest Caselaw 295 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

 WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA,
                          1942

                WP(C).No.26127 OF 2020(M)


PETITIONERS:

     1     MARSON, AGED 60 YEARS, S/O CHERIYAN,
           VENNATTUPARAMBIL P O, CHENGALLUR,
           MUKUNDAPURAM TALUK,
           THRISSUR DISTRICT.

     2     MINI MARSON, AGED 51 YEARS, W/O MARSON
           CHERIYAN, VENNATTUPARAMBIL, P O, CHENGALLUR,
           MUKUNDAPURAM, TALUK, THRISSUR DISTRICT.

           BY ADVS.
           SRI.N.M.MADHU
           SMT.C.S.RAJANI

RESPONDENTS:

     1     THE REVENUE DIVISIONAL OFFICER
           THRISSUR TALUK, THRISSUR-680 020.

     2     THE TAHSILDAR(LAND RECORDS)
           THRISSUR TALUK,
           TALUK OFFICE,
           THRISSUR-680 020.


           K J MANURAJ SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 06.01.2021, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 WP(C).No.26127 OF 2020(M)

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                            JUDGMENT

Dated this the 6th day of January 2021

The petitioners claim that they are the owners of the land in

Re.Sy.No.62/6, having an extent of 0.3831 Hectors and land in

Re.Sy.No.62/7, having an extent of 0.4967 Hetors. They

approached the Tahsildar (LR), Thrissur for reassessment of land

under the Kerala Land Tax Act, 1961. The land is admittedly,

described as 'Nilam' in the Basic Tax Register. The applications

were submitted on the strength of the KLUO obtained by the

predecessor-in-interest as evident from Exts.P1 and P1(a). These

orders under the KLUO were issued on 7.04.1995. As per the

KLUO, the land comprised in various survey numbers in Exts.P1

and P1(a) were permitted to be utilised for other purposes. If the

land referred to in the KLUO is corresponding to the land now

claimed by the petitioners, there may not be any difficulty in

reassessing the land under the Kerala Land Tax Act, 1961. WP(C).No.26127 OF 2020(M)

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However, the petitioners' application has been rejected stating that

the petitioners have to submit an application under Form 7 of the

Kerala Conservation of Paddy Land and Wetland Rules, 2008.

2. As the land in respect of which now the application has

been submitted is covered by the KLUO, there is no necessity for

the petitioners to submit an application under Form 7. In such

circumstances, I am of the view that the impugned orders have to be

set aside for reconsideration. If the Tahsildar (LR) is satisfied that

the land is covered by the KLUO, necessarily without further

insisting any other formality, the Tahsildar shall take up such

application for reassessment under the Kerala Land Tax Act, 1961,

without any delay, at any rate, within a period of two months from

the date of receipt of a copy of this judgment.

This writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

PR WP(C).No.26127 OF 2020(M)

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APPENDIX PETITIONERS EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SANCTION ORDER BEARING NOS KDis 2409/95/DI ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P1(a) TRUE COPY OF THE SANCTION ORDERS BEARING NOS KDis 2411/95/DI ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.5387/1995 DATED 31.08.1995 OF SRO KUTTANELLUR.

EXHIBIT P2(a) TRUE COPY OF THE SALE DEED NO 5388/1995 DATED 31.08.1995 OF SRO KUTTANELLUR.

EXHIBIT P2(b) TRUE COPY OF THE SALE DEED NO 5389/1995 DATED 31.08.1995 OF SRO KUTTANELLUR.

EXHIBIT P3 TRUE COPY OF THE SALE DEED NO 5385/1995 DATED 31.08.1995 OF SRO KUTTANELLUR.

EXHIBIT P3(a) TRUE COPY OF THE SALE DEED NO 5386/1995 DATED 31.08.1995 OF SRO KUTTANELLUR.

EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT DATED 22.07.1997 ISSUED BY NADATHARA GRAMA PANCHAYAT.

EXHIBIT P4(a) TRUE COPY OF THE BUILDING PERMIT DATED 22.07.1997 ISSUED BY NADATHARA GRAMA PANCHAYAT.

WP(C).No.26127 OF 2020(M)

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EXHIBIT P5 TRUE COPY OR THE SALE DEED NO.845/1999 DATED 24.02.199 OF SRO KUTTANELLUR.

EXHIBIT P5(a) TRUE COPY OF THE SALE DEED NO 761/199 DATED 18/02/199 OF SRO KUTTANELLUR.

EXHIBIT P5(b) TRUE COPY OF THE SALE DEED NO 4916/1998 DATED 28/11/1998 OF SRO KUTTANELLUR.

EXHIBIT P6 TRUE COPY OF THE SALE DEED NO.4341/1998 DATED 23.10.1998 OF SRO, KUTTANELLUR

EXHIBIT P6(a) TRUE COPY OF THE SALE DEED NO.1926/1999 DATED 30.04.1999 OF SRO, KUTTANELLUR.

EXHIBIT P7 TRUE COPY OF THE POSSESSI0N CERTIFICATE RECEIVED BY THE FIRST PETITIONER.

EXHIBIT P7(a) TRUE COPY OF THE POSSESSI0N CERTIFICATE RECEIVED BY THE SECOND PETITIONER.

EXHIBIT P8 TRUE COPY OF THE BASIC TAX REGISTER ISSUED BY THE VILLAGE OFFICE, NADATHARA.

EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 08.10.2019 SUBMITTED BY THE FIRST PETITIONER TO THE SECOND RESPONDENT.

EXHIBIT P9(a) TRUE COPY OF THE APPLICATION DATED 08.10.2019 SUBMITTED BY THE SECOND PETITIONER TO THE SECOND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE REPLY DATED 28/11/2019 ISSUED BY THE SECOND RESPONDENT TO EXT.P9.

WP(C).No.26127 OF 2020(M)

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EXHIBIT P10(a) TRUE COPY OF THE REPLY DATED 28/11/2019 ISSUED BY THE SECOND RESPONDENT TO EXT.P9(a).

EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 28/09/2019 ISSUED BY THE SECOND RESPONDENT TO THE FIRST PETITIONER.

EXHIBIT P11(a) TRUE COPY OF THE COMMUNICATION DATED 28/09/2019 ISSUED BY THE SECOND RESPONDENT TO THE SECOND PETITIONER.

EXHIBIT P12 TRUE COPY OF THE SALE DEED NO.3213/2006 DATED 04.05.2006 IN FAVOUR OF THE FIRST PETITIONER.

EXHIBIT P12(a) TRUE COPY OF THE SALE DEED NO.3214/2006 DATED 04.07.2006 IN FAVOUR OF THE FIRST PETITIONER.

EXHIBIT P12(b) TRUE COPY OF THE SALE DEED NO.3043/2006 DATED 24.06.2006 IN FAVOUR OF THE SECOND PETITIONER.