Anto Varkey vs The Revenue Divisional Officer
2021 Latest Caselaw 13522 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                          WP(C) NO. 13102 OF 2021
PETITIONER:

              ANTO VARKEY
              AGED 73 YEARS
              VALLIKATT VEETTIL, AMBILY NAGAR, NADAMA, NOW R/A
              VALLIKKATTU HOUSE, METRO NAGAR LANE, OPPOSITE BPCL PUMP,
              MARADU PO, ERNAKULAM DISTRICT, PIN 682034.

              BY ADV T.K.AJITHKUMAR (VALATH)



RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, FORT KOCHI, PIN 682001.

     2        TAHSILDAR (LR), KANAYANNOOR, KANAYANNOOR TALUK OFFICE,
              KOCHI - 682011.

     3        VILLAGE OFFICER, MARADU VILLAGE OFFICE, MARADU, PIN -
              682304.

              BY GOVT. PLEADER SRI.RAVIKRISHNAN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
              W. P. (C) No.13102 of 2021
          ==================
           Dated this the 1st day of July, 2021

                          JUDGMENT

The petitioner is the owner of 5.11 Ares of

property in Sy. No.238/1 of Maradu village.

According to the petitioner, he has obtained Ext.P3

order in terms of Section 6(2) of the Kerala Land

Utilization Order, permitting conversion of the

land. He maintains that the property is an un-

notified land. Seeking correction of the entry in

the Basic Tax Register regarding the nature of the

property, which is presently shown as "Nilam" and

for re-assessment, the petitioner has filed

application (Form-A) under Section 6 of the Kerala

Land Tax Act.

2. In Iype Varghese v. Revenue Divisional Officer, 2020 (5) KLT

403, this Court held that where permission has been

granted under the Kerala Land Utilisation Order for

change of user of land and conversion of a paddy

land to a garden land, then it is obligatory for

the competent authority under the Land Tax Act to W. P. (C) No.13102 of 2021

make a fresh assessment of the land and to issue

appropriate directions to the officers concerned to

make additional entries in the Basic Tax Register

so as to reflect the nature of the land as garden

land/Purayidam in the said Register.

Accordingly the writ petition is disposed of

directing the second respondent to consider the

application filed by the petitioner in Form-A after

due verification of the KLU order relied on by the

petitioner and also on ascertaining regarding the

identity of the property. Let orders be passed

within a period of one month from the date of

receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C) NO. 13102 OF 2021 APPENDIX PETITIONER'S EXTS:-

EXT.P1 TRUE COPY OF THE TAX RECEIPT DATED 24.09.2020.

EXT.P2 PHOTOCOPY OF THE RELEVANT PAGE OF THE DATA BANK.

EXT.P3 TRUE COPY OF THE KLU ORDER DATED 22.05.96 ISSUED BY THE 1ST RESPONDENT.

EXT.P4 TRUE COPY OF THE RECEIPT DATED 12.10.20 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT.

EXT.P5 PHOTOCOPY OF THE JUDGMENT IN WPC NO.24974/20 DATED 16.11.20.

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