Kerala High Court
George Pallikkara vs The District Collector on 30 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
WP(C) NO. 6340 OF 2021
PETITIONER:
GEORGE PALLIKKARA,
AGED 43 YEARS,
S/O. KURIAKOSE EDAYANAL,
EDAYANAL HOUSE, CHITTANADU KARA,
KUNNATHUNADU, ERNAKULAM DISTRICT.
BY ADVS.
SHRI.V.A.VINOD
SHRI.N.KRISHNA RAJA MAULI
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION,
KAKKANAD, ERNAKULAM-682021.
2 THE REVENUE DIVISIONAL OFFICER,
MUVATTUPUZHA,
PATTIMATTOM-MUVATTUPUZHA ROAD,
MUVATTUPUZHA, ERNAKULAM-686673.
3 THE TAHSILDAR (LR),
KUNNATHUNADU TALUK OFFICE, POOPANI ROAD,
PERUMBAVOOR, ERNAKULAM-683543.
4 THE VILLAGE OFFICER,
KUNNATHUNADU VILLAGE OFFICE,
KUMARAPURAM,
PALLIKKARA, ERNAKULAM-683565.
BY ADV GOVERNMENT PLEADER SMT. G. RANJITA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.6340/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 30th day of July, 2021
The petitioner, who owns 18 Ares of property in
Kunnathunadu Village, has filed this writ petition seeking to
direct the 3rd and 4th respondents to comply with the directions
contained in Ext.P2 which is included as Condition No.1 and
to direct the 3rd respondent to reassess the land tax under
Section 6A of the Kerala Land Tax Act and make necessary
entries in the Revenue records as provided under Section
27C(2) of the Kerala Conservation of Paddy Land and
Wetland Act, 2008.
2. The petitioner states that he is the owner of 18 Ares
of land in Re-survey No.54/1 Block No.36 of Kunnathunadu
Village in Ernakulam District. The land is described as 'Nilam'
in Revenue records. But, the land is lying as a garden land for
the past several years. The land is not included in the Data
WP(C) No.6340/2021
Bank. The petitioner approached the 2 nd respondent-RDO
filing Form-6 application under the Kerala Conservation of
Paddy Land and Wetland Act to change the nature of the land
in Revenue records. The 2nd respondent-RDO passed Ext.P2
order on conditions.
3. Condition No.1 in Ext.P2 is that the 3 rd and 4th
respondents shall make necessary changes in Revenue
records. But, respondents 3 and 4 have not complied with the
directions. It is in such circumstances that the petitioner has
approached this Court.
4. Heard the learned counsel for the petitioner and the
learned Government Pleader representing the respondents.
5. The learned Government Pleader filed a Memo
producing proceedings of the Tahsildar (Land Records). The
said proceedings dated 15.07.2021 would indicate that the
Tahsildar has already passed orders to change the description
of the land of the petitioner in Revenue records subject to the
following conditions:
WP(C) No.6340/2021
"1. സ ചന (1) ല ന യമത ല വക പ 27 സ (3), (4)
എന വ പ ക രവ ചടങള ല വക പ 13(2), (3), (4), (5)
പ ക രവ സ ഭ വ വ ത യ ന അന വദ ച ഭ മ യ#
വ ല%ജ ഓഫ സര നട ട സ കര ല#ണത ണ.
2. ലകരള ഭ ന ക ത ചട 1972 ല 'ലഫ റ സ ' യ ല
അന മമ യ നരന ര0യ ച ഭ ന കത
ഈട ല#ണത ണ.
3. അല കകന 3000 ചത രപ4 അട യ ല ക ട തല
വ സ6 ര0മ ള ലകട ട ന ര8 # കയ ലണങ ല ചട
12(9) പ ക രമ ളനട ട സ കര ല#ണത ണ.
4. സമ ത ള ന രച കളല# ത0 രതടങളല#
യ ലത ര വ ധത ള ര മറ വര ത വ ന
ട % തത ണ. "
In such circumstances, the writ petition is disposed
of in terms of the proceedings of the Tahsildar (Land Records)
dated 15.07.2021. The Tahsildar should obtain a report from
the Village Officer as to the nature of the property of the
petitioner and on that basis, the Tahsildar shall complete the
proceedings. The proceedings shall be concluded within a
period of two months.
Sd/-
N. NAGARESH, JUDGE
aks/24.08.2021
WP(C) No.6340/2021
APPENDIX OF WP(C) 6340/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED
13/05/2019.
EXHIBIT P2 TRUE COPY OF THE ORDER ISSUED BY THE
2ND RESPONDENT DATED 20/11/2020.
SR
