Kerala High Court
P.S.Radhakrishnan vs The District Collector on 17 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
WP(C).No.3509 OF 2021(K)
PETITIONER/S:
P.S.RADHAKRISHNAN,
AGED 54 YEARS, S/O LATE PARAMESHWARAN NAIR,
NELLIPPALLIL HOUSE,
THEKKENADA, VAIKOM.P.O,
KOTTAYAM DISTRICT, PIN-686141.
BY ADVS.
SRI.K.M.SATHYANATHA MENON
SMT.KAVERY S THAMPI
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
COLLECTORATE,
KOTTAYAM, PIN-686002.
2 THE REVENUE DIVISIONAL OFFICER,
PALA, KOTTAYAM DISTRICT,
PIN-686575.
3 THE TAHASILDAR,
VAIKOM, VAIKOM TALUK OFFICE,
MINI CIVIL STATION,
WEST GATE ROAD, VAIKOM,
PIN-686141.
4 AGRICULTURAL OFFICER,
KRISHI BHAVAN, VAIKOM,
KOTTAYAM DISTRICT, PIN-686141.
BY SRI.K.J.MANURAJ, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.3509 of 2021
2
W.P.(C)No.3509 of 2021
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JUDGMENT
The father of the petitioner was holding a paddy land
measuring 1 acre and 11 cents and he has converted the same as a
dry land long prior to the coming into force of the Kerala
Conservation of Paddy Land and Wetland Act, 2008 (the Act) on the
strength of Ext.P5 order obtained on 12.7.1986 under the Kerala
Land Utilisation Order. As such, the land was not included in the
data bank prepared under the Act. On the death of the father the
petitioner, the said land was partitioned among the petitioner and
his brother. Ext.P2 is the partition deed. In terms of Ext.P2 partition
deed, petitioner got 66.56 cents out of the said 1 acre and 11 cents.
It is stated by the petitioner that in the light of Ext.P5 order, a
portion of the said land has been reclassified in the revenue records
as 'purayidom' and the remaining land measuring 44 cents
continued to remain in the revenue records as 'paddy land'. The
petitioner preferred an application before the District Collector for
reclassification of the said 44 cents. The said application was
W.P.(C)No.3509 of 2021
rejected by the second respondent as per Ext.P7 order. It is stated
by the petitioner that he was thereafter advised to prefer an
application under Section 27A of the Act for the purpose of
reclassifying the land and accordingly, he preferred an application
under Section 27A of the Act in Form No.9 of the Kerala
Conservation of Paddy Land and Wetland Rules. The said
application has been rejected by the competent authority in terms
of Ext.P12 order stating that the petitioner could not establish that
the land was converted prior to the Kerala Land Utilisation Order.
The case set out by the petitioner in the writ petition is that it was
unnecessary for the petitioner to move an application under Section
27A of the Act for the purpose of claiming reclassification of the
land as the property was one covered by Ext.P5 order issued by the
competent authority under the Kerala Land Utilisation Order as early
as on 12.07.1986. In the light of Ext.P5, according to the
petitioner, he is entitled to claim reclassification of the land in the
revenue records. It is stated by the petitioner that though he
preferred Ext.P13 application before the competent authority under
the the Kerala Land Tax Act for reassessment the land and also for
reclassification on that premise, the same is not being considered.
The petitioner, therefore seeks appropriate directions in this regard
in the writ petition.
W.P.(C)No.3509 of 2021
2. Heard the learned counsel for the petitioner as also
the learned Government Pleader.
3. In Renji K Paul v. Revenue Divisional Officer,
2019 (2) KLT 262, this court held that if the holder of a land which
is not included in the data bank prepared under the Act prefers an
application for permission to make use of the land for other
purposes under the Land Utilization Order before the coming into
the force of Act 29 of 2018 in terms of which Sections 27A and 27C
were introduced to the Act, the said provisions cannot be pressed
into service against such a land. In the case on hand, it is seen that
the predecessor of the petitioner has obtained an order for
conversion of the land long prior to Act 29 of 2018. In other words,
the provisions of Act 29 of 2018 cannot be pressed into service in
respect of the land of the petitioner. Further, in Iype Varghese v.
Revenue Divisional Officer, 2020 (5) KLT 403, this Court held that
where statutory permission for change of user of land has been
obtained for conversion of a paddy land to a garden land in terms of
the provisions contained in Kerala Land Utilisation Order, then it is
the obligation of the competent authority under the Land Tax Act to
make a fresh assessment of the land so as to collect the higher land
tax for such converted land and to issue appropriate directions to
the officers concerned to make additional entries in the Basic Tax
W.P.(C)No.3509 of 2021
Register so as to reflect the nature of the land as garden
land/Purayidam in the said Register. In the light of the decisions
aforesaid, the petitioner is entitled to succeed.
In the result, the writ petition is disposed of directing the
third respondent to consider Ext.P13 application preferred by the
petitioner for reassessment of the land under Section 6A of the
Kerala Land Tax Act, and reassess the land as dry land, if the
application is otherwise in order, after ascertaining whether the land
is one covered by Ext.P5 order. This shall be done within two
months from the date of receipt of a copy of this judgment. The
petitioner shall prefer in the meanwhile, an application in the form
prescribed under the Kerala Land Tax Act as well for compliance of
the direction aforesaid.
Sd/-
P.B.SURESH KUMAR, JUDGE
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W.P.(C)No.3509 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED IN
FAVOR OF THE PETITIONER FROM NADUVILE
VILLAGE OFFICE DATED 27.8.2019
EXHIBIT P2 TRUE COPY OF THE DEED OF WILL
NO.8/III/1988 OF SUB REGISTRAR OFFICE,
THALAYOLAPARAMBU DATED 8.2.1988
EXHIBIT P3 TRUE COPY OF THE SALE DEED NO.5462/1974
DATED 03.12.1974 OF SRO VAIKOM
EXHIBIT P3(a) TYPED COPY OF EXT P3
EXHIBIT P4 TRUE COPY OF THE SALE DEED NO.5604/1967
DATED 29.12.1967 OF SRO VAIKOM
EXHIBIT P4(a) TRUE COPY OF EXT P4.
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS NO:K.DIS
3792/1986/A DATED 12.07.1986 OF THE SUB
COLLECTOR, PALA
EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
DATED 25.05.2016
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION NO.L3-
2615/2016(LDIS)DATED 23.09.2016 ISSUED BY
THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 4TH RESPONDENT TO THE PETITIONER
DATED 13.05.2019.
EXHIBIT P9 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 4TH RESPONDENT TO THE PETITIONER
DATED 30.11.2020.
EXHIBIT P10 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 4TH RESPONDENT DATED NIL.
EXHIBIT P11 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
SECTION 27A OF THE KERALA CONSERVATION OF
PADDY LAND AND WET LAND ACT 2008 DATED
24.01.2019.
W.P.(C)No.3509 of 2021
EXHIBIT P12 TRUE COPY OF THE COMMUNICATION
NO.RDOPLA/1218/2019-L7 DATED 25.01.2021
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT
DATED 8.2.2021.
EXHIBIT P14 TRUE COPY OF THE RECEIPT ISSUED IN FORM
NO:1 FROM THE OFFICE OF THE 3RD
RESPONDENT DATED 8-2-2021.
