Kurian C George vs The Revenue Divisional Officer
2021 Latest Caselaw 10555 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       WP(C).No.4344 OF 2021(P)


PETITIONER:

               KURIAN C GEORGE
               MANAGING DIRECTOR,
               CONCORD TEA AND PRODUCE PVT. LTD., GOLDEN PLAZA,
               CHITTOOR ROAD, ERNAKULAM, PIN-682 018.

               BY ADVS.
               SRI.T.K.AJITHKUMAR (VALATH)
               SMT.ASWANI JYOTHY A.S.

RESPONDENTS:

      1        THE REVENUE DIVISIONAL OFFICER
               REVENUE DIVISIONAL OFFICE, FORT KOCHI, PIN-682 001.

      2        TAHSILDAR (LR)
               KANAYANNOOR, KANAYANNOOR TALUK OFICE,
               KOCHI-682 011.

      3        VILLAGE OFFICER
               MARADU VILLAGE OFFICE, MARADU, PIN-682 304.

               BY GOVT. PLEADER SRI.RAVIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
         ==================
              W. P. (C) No.4344 of 2021
         ==================
         Dated this the 29th day of March, 2021

                      JUDGMENT

Seeking re-assessment of land tax and

correction of entry regarding the nature of land in

the BTR and Revenue Records, the petitioner has

submitted Ext.P3 application before the second

respondent and the same is pending consideration.

The petitioner claims that a larger extent of

property including 14.49 Ares of property claimed

by him is the subject matter of an order passed

under Clause 6(2) of the Kerala Land Utilization

Order 1967, a copy of which is produced and marked

as Ext.P2(a) in the writ petition.

2. If permission has been granted under the KLU

Order regarding a larger extent of property

including the property in question, then fresh

assessment is to be made in terms of the Land Tax

Act and appropriate entries made in the revenue

records regarding the nature of the property. W. P. (C) No.4344 of 2021 :- 2 :-

The writ petition is disposed of directing the

second respondent to consider the veracity of

Ext.P2(a) order and the identity of the property

covered therein with reference to the property

presently claimed by the petitioner, and pass

appropriate orders. Let the same be done 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 APPENDIX OF WP(C) 4344/2021 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT DATED 20.5.2019.

EXHIBIT P1(A) THE TRUE COPY OF THE TAX RECEIPT DATED 30.9.2020.

EXHIBIT P2 TRUE COPY OF THE KLU ORDER DATED 29.4.1996 ISSUED BY THE IST RESPONDENT.

EXHIBIT P2(A) TRUE COPY OF THE KLU ORDER DATED 22.5.1996 ISSUED BY THE IST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 9.11.2020 WITH FORM A OF THE LAND TAX ACT, SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 9.11.2020 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC NO.20962/2020 DATED 7.10.2020.

-----