S.Soman vs Revenue Divisional Officer
2021 Latest Caselaw 9953 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                      WP(C).No.32819 OF 2019(B)


PETITIONER:

               S.SOMAN
               AGED 69 YEARS
               S/O.SUBRAHMANIAN, SMRUTHI, HOUSE KIZHISSERI,
               KUZHIMANNA P.O., MALAPPURAM DISTRICT.

               BY ADV. SRI.U.K.DEVIDAS

RESPONDENTS:

      1        REVENUE DIVISIONAL OFFICER, PERINTHALMANNA,
               MALAPPURAM DISTRICT-679 322.

      2        REVENUE DIVISIONAL OFFICER, TIRUR,
               MALAPPURAM DISTRICT-676 101.

      3        VILLAGE OFFICER, VILLAGE OFFICE, KUZHIMANNA,
               KUZHIMANNA P.O., MALAPPURAM DISTRICT-673 641.

      4        AGRICULTURE OFFICER, KRISHI BHAVAN, KUZHIMANNA,
               MALAPPURAM DISTRICT-673 641.

               ADDITIONAL R5 IMPLEADED

               ADDITIONAL R5:TAHSILDAR, TALUK OFFICE, KONDOTTY,
               KONDOTTY P.O., MALAPPURAM DISTRICT - 673638

               IMPLEADED AS PER ORDER IN I.A.NO.1/2020 DATED
               17/12/2020.

               BY GOVERNMENT PLEADER: SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No.32819 OF 2019(B)




                             JUDGMENT

Placing reliance on Ext.P3 order dated 30/05/2003 issued

under clause 6 of the Kerala Land Utilization Order, 1967 ('The

KLU order' for short), the petitioner has sought for re-assessment

of tax and to make necessary entries in the Basic Tax Register.

The petitioner has filed Exts.P10 and P10(a) applications in the

said regard before the 5th respondent - Tahsildar.

The 5th respondent shall consider the applications and pass

appropriate orders, on ascertaining the identity of the properties

covered under the KLU order and the property applied for.

Orders shall 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).No.32819 OF 2019(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT DEED NO.3132 OF 2005 OF SRO, KONDOTTY DATED 22.07.2005.

EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 17.10.2018.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 30.05.2003 PASSED BY THE FIRST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE PETITION DATED 18.03.2013.

EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 18.03.2013.

EXHIBIT P6 TRUE COPY OF THE CHALAN DATED 27.05.2013.

EXHIBIT P7 TRUE COPY OF THE FORM NO.8 UNDER THE SURVEY MANUAL DATED 18.12.2013

EXHIBIT P8 TRUE COPY OF THE CERTIFICATE DATED 09.12.2018.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 07.09.2019 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE APPLICATION DATED 28.09.2020 WITHOUT ENCLOSURES SUBMITTED BEFORE THE ADDL.5TH RESPONDENT

EXHIBIT P10A TRUE COPY OF THE FORM A APPLICATION UNDER 6A OF THE KERALA LAND TAX ACT