Ameer Ahamed P.M vs The Tahsildar (Land Records)
2021 Latest Caselaw 9273 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.6365 OF 2021(U)


PETITIONER:

               AMEER AHAMED P.M
               AGED 66 YEARS
               S/O MOHAMMED HYDROSE,
               DOOR NO.41/2875 D(1), FLAT C-3,
               RDS NEDUNGADEN RESIDENCY, ST.BENEDICTS ROAD,
               KACHERIPADY, ERNAKULAM NORTH P.O,
               PIN-682018.

               BY ADVS.
               SRI.RINNY STEPHEN CHAMAPARAMPIL
               SMT.ASHA ELIZABETH MATHEW

RESPONDENTS:

      1        THE TAHSILDAR (LAND RECORDS)
               TALUK OFFICE,
               KUNNATHUNAD TALUK,
               POOPPANI ROAD,
               PERUMBAVOOR-683543.

      2        THE VILLAGE OFFICER,
               VILLAGE OFFICE,
               PERUMBAVOOR VILLAGE, PERUMBAVOOR P.O, PIN-683542.

               BY GOVT.PLEADER:SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, ALONG WITH WP(C).6385/2021(W), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                 2
WP(C).NoS.6365 AND 6385 OF 2021(W)




               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.6385 OF 2021(W)


PETITIONER:

               RAJESH .M.R
               AGED 48 YEARS
               S/O .N. RAVEENDRAN NAIR,
               SINDHOORAM, KUNNATH STREET,
               NORTH PARAVUR-683513.

               BY ADVS.
               SRI.RINNY STEPHEN CHAMAPARAMPIL
               SMT.ASHA ELIZABETH MATHEW

RESPONDENTS:

      1        THE TAHASILDAR (LAND RECORDS)
               TALUK OFFICE,
               KUNNATHUNAD TALUK,
               POOPPANI ROAD,
               PERUMBAVOOR-683543.

      2        THE VILLAGE OFFICER,
               VILLAGE OFFICE,
               PERUMBAVOOR VILLAGE,
               PERUMBAVOOR P.O.,
               PIN-683542.

               BY GOVT.PLEADER:SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, ALONG WITH WP(C).6365/2021(U), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                 3
WP(C).NoS.6365 AND 6385 OF 2021(W)




                             JUDGMENT

The petitioners seek for a direction to the 1 st

respondent - Tahsildar (LR) for consideration of their

applications filed in Form A in terms of Section 6(3) of

the Kerala Land Tax Act, seeking re-assessment and re-

classification of their properties.

2. Petitioners claim that the properties in

question are part of a larger extent of property in respect

of which an order under clause 6(2) of the Kerala Land

Utilization Order, 1967 ('the KLU Order' for short) was

passed in favour of the predecessor-in-title of the

petitioners. If the properties claimed by the petitioners

are covered under the said order, then necessarily the

applications in Form A referred to supra need to be

ordered.

The writ petitions are disposed of directing the 1 st

respondent to consider and pass orders on the Form A

applications submitted by the petitioners, after

WP(C).NoS.6365 AND 6385 OF 2021(W)

ascertaining the identity of the properties claimed by

them with reference to the property covered under

Ext.P2 (order under KLU) referred to supra. Let orders be

passed within a period of three months from the date of

receipt of a copy of this judgment.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).NoS.6365 AND 6385 OF 2021(W)

APPENDIX OF WP(C) 6365/2021 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 16/09/2020 ISSUED FROM THE VILLAGE OFFICER, PERUMBAVOOR.

EXHIBIT P2 A TRUE COPY OF THE KLU ORDER NO.A9-630/2005 DATED 14.02.2005 ISSUED BY THE RDO, MUVATTUPUZHA.

EXHIBIT P3 A TRUE COPY OF THE APPLICATION DATED 26.02.2021 IN FORM A.

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 06.01.2021 OF THIS HON'BLE COURT IN WPC.NO.26486/2020.

WP(C).NoS.6365 AND 6385 OF 2021(W)

APPENDIX OF WP(C) 6385/2021 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 11/07/2019 ISSUED FROM THE VILLAGE OFFICE, PERUMBAVOOR.

EXHIBIT P2 A TRUE COPY OF THE KLU ORDER NO.A9-630/2005 DATED 14.02.2005 ISSUED BY THE RDO, MUVATTUPUZHA.

EXHIBIT P3 A TRUE COPY OF THE APPLICATION DATED 25/02/2021 IN FORM A.

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 06.01.2021 OF THIS HON'BLE COURT IN WPC.NO.26486/2020.