Ragini U vs The Revenue Divisional ...
2021 Latest Caselaw 10092 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                       WP(C).No.2946 OF 2021(P)


PETITIONER:

               RAGINI U.
               AGED 61 YEARS
               W/O. LATE RADHAKRISHNAN, SOUPARNIKA, KOTTAKAL P.O.,
               MALAPPURAM DISTRICT-676503.

               BY ADVS.
               SRI.P.K.SOYUZ
               SRI.E.V.BABYCHAN

RESPONDENTS:

      1        THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
               RDO OFFICE, FORT KOCHI, ERNAKULAM-682001.

      2        THE TAHSILDAR (LR),
               PARAVUR TALUK, NORTH PARAVOOR P.O., ERNAKULAM-
               683513.

      3        THE VILLAGE OFFICER,
               KADUNGALLOOR VILLAGE, PARAVOOR TALUK, MUPPATHADAM
               P.O., ERNAKULAM DISTRICT-683110.

               BY GOVT. PLEADER SRI.RAVIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
         ==================
              W. P. (C) No.2946 of 2021
         ==================
         Dated this the 25th day of March, 2021

                      JUDGMENT

Ext.P2 order was passed under Clause-6 of the

Kerala Land Utilization Order, 1967 permitting

utilisation of the 13.24 Ares of property belonging

to the petitioner for other purposes. The property,

though not included in the data bank, is classified

as "Nilam" in the revenue records. The petitioner

submitted Ext.P3 application before the second

respondent, in Form-A under the Kerala Land Tax

Rules, seeking re-assessment and correction of the

entry regarding the nature of land in the revenue

records and BTR.

2. Pending the writ petition, a communication

dated 22.02.2021 has been received by the

petitioner from the second respondent to the effect W. P. (C) No.2946 of 2021 :- 2 :-

that an order under Clause-6 of the Kerala Land

Utilization Order does not enable to effect entry

in the BTR regarding the nature of the land. That,

once permission is granted under Clause-6 of the

Kerala Land Utilization Order 1967 to utilise the

land for other purposes, the land tax authorities

can make fresh assessment and make appropriate

additions in the BTR and revenue records, has been

settled by judgments of this Court in LLMC

Kizhakkambalam Grama Panchayath v. Mariumma and another [2015 (2)

KLT 516], District Collector v. Fr. Jose Uppani [2020 (4) KLT 612

(DB)] and M/s Sealand Builders Pvt. Ltd. v. The Revenue Divisional

Officer [2020 (5) KLT 56]. Incidentally it is to be noted

that as per condition no.2 appended to Ext.P2, the

order shall not be taken as a consent to effect

changes in the BTR. It has to be understood as a W. P. (C) No.2946 of 2021 :- 3 :-

statement that the order is not intended as an

order effecting change of nature in the BTR.

In view thereof, Ext.P3 application submitted

by the petitioner in Form-A is liable to be

considered and orders passed. Let orders be passed

as expeditiously as possible and at any rate within

a period of three months 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.2946 OF 2021(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION UNDER CLAUSE 6 OF KLUO 1967 DATED 12/06/2017.

EXHIBIT P2 TRUE COPY OF THE ORDER NO. K4-5080/17 DATED 03/05/2019.

EXHIBIT P3 TRUE COPY OF THE APPLICATION ALONG WITH FORM NO.A APPLICATION DATED 15/01/2021.

EXHIBIT P4 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 20/01/2021.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC NO.26693/2020 DATED 02/12/2020.

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