Citation : 2021 Latest Caselaw 3339 Ker
Judgement Date : 29 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 29TH DAY OF JANUARY 2021/9TH MAGHA, 1942
W.P(C).No.2353 OF 2021(T)
PETITIONER:
PATHROSE
AGED 81 YEARS, S/O.VARKEY,
THETTAYIL HOUSE, KOTHAKKULANGARA,ANGAMALY,
ERNAKULAM DISTRICT.
BY ADV. SRI.N.KRISHNA RAJA MAULI
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION,KAKKANAD,ERNAKULAM-682 021.
2 REVENUE DIVISIONAL OFFICER,
K B JACOB ROAD,FORT KOCHI,
ERNAKULAM-682 001.
3 THE TAHSILDAR,
ALUVA TALUK OFFICE,ALUVA,
ERNAKULAM DISTRICT-683 101.
4 THE VILLAGE OFFICER,
NEDUMBASSERY VILLAGE OFFICE,
NEDUMBASSERY,ERNAKULAM DISTRICT-683 585.
BY SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.2353/2021 :: 2 ::
JUDGMENT
The petitioner has preferred Ext.P3 representation before
the 3rd respondent seeking a correction in the Basic Tax Register
[BTR]. The petitioner has also produced as Ext.P2, an order
passed in terms of Clause 6(2) of the Kerala Land Utilisation
Order permitting a conversion of the user of the land for
non-agricultural purposes. The limited prayer, at this stage, is
for a direction to the 3rd respondent to consider and pass orders
on Ext.P3 representation, in the light of Ext.P2 order,
expeditiously, after hearing the petitioner.
2. I have heard the learned counsel for the petitioner as
also the learned Government Pleader for the respondents.
On a consideration of the facts and circumstances of the
case and the submissions made across the Bar, I dispose the writ
petition with a direction to the 3 rd respondent to consider and
pass orders on Ext.P3 representation, in the light of Ext.P2 order, W.P.(C).No.2353/2021 :: 3 ::
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 3rd respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
prp/29/1/2021 APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 27.10.2020
EXHIBIT P2 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 15.5.1996.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27.1.2021.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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