Kerala High Court
Abdul Jabbar vs The Revenue Divisional Officer on 2 November, 2021
sIN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
WP(C) NO. 20562 OF 2021
PETITIONERS:
1 ABDUL JABBAR
AGED 70 YEARS
S/O. ABDUL KHADER, KAKKANATTU HOUSE, KODIMATHA,
KOTTAYAM VILLAGE, KODIMATHA P.O, KOTTAYAM 686 013,
NOW RESIDING AT KOLLIYIL, PAY BASAR, ERIYADU P.O,
KODUNGALLOOR, THRISSUR 680 666
2 JAMEELA
AGED 64 YEARS
W/O. ABDUL KHADER, KAKKANATTU HOUSE, KODIMATHA,
KOTTAYAM VILLAGE, KODIMATHA P.O, KOTTAYAM 686 013,
NOW RESIDING AT KOLLIYIL, PAY BASAR, ERIYADU P.O,
KODUNGALLOOR, THRISSUR 680 666
BY ADVS.
P.B.SAHASRANAMAN
T.S.HARIKUMAR
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER, MINI
CIVIL STATION, PUTHANANGADY, KOTTAYAM 686 001
2 THE TAHASILDAR,(L.R)
TALUK OFFICE, KOTTAYAM, MINI CIVIL STATION,
KOTTAYAM 686 001
3 THE VILLAGE OFFICER
KOTTAYAM VILLAGE OFIFCE, KOTTAYAM 686 001
BY ADV. SRI. RIYAL DEVASSY, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC NO.20562 OF 2021
2
JUDGMENT
Dated this the 02nd day of November, 2021
This writ petition is filed seeking following
reliefs:
(i)To issue a writ of Certiorari or other
appropriate writ, order or direction by calling for
the records leading to Exhibit P.7 and quash the
same;
(ii)To issue a writ of Mandamus or other
appropriate writ, order or direction by directing
the 2nd respondent to correct and make
additional entries in the Land Tax Register under
the Land Tax Act 1961 and to make assessment
of additional Land Tax for the 71.12 Ares in
Re.Sy.No.3 of Block No.155 of Kottayam Village,
Kottayam District as prayed in Exhibit P.6;
2. Heard the learned Counsel for the
petitioners and the learned Government Pleader.
3. It is submitted by the learned Counsel for
the petitioners that the petitioners are senior
citizens and are owners in possession of 71.12 Ares
of property in Re. Sy. No.3 of Block No.155 of
WPC NO.20562 OF 2021
Kottayam Village, Kottayam Taluk, Kottayam
District. It is submitted that the petitioners
purchased the properties in 1990 and that there
was no paddy cultivation in the property even long
before. It is submitted that the property is shown
as Nilam in the revenue records. By Ext. P2 order
dated 21-12-1995, the petitioners were granted
permission under Clause 6(2) of the Kerala Land
Utilization Order, 1967 for converting the property
as dry land.
4. The petitioners had submitted request
before the Tahasildar, Land Records, for effecting
corrections in the Basic Tax Register. However, the
said request has been rejected on the ground that
the petitioners have to approach the authorities
under the provisions of the Conservation of Kerala
Paddy Land and Wet Land Act, 2008 as amended in
2018.
5. The learned Counsel for the petitioners
WPC NO.20562 OF 2021
submits that the issue stands directly covered by
the decisions of this court in District Collector,
Ernakulam and others v. Fr.Jose Uppani and
others [2020 (4) KLT 612] and several other
decisions of this court, wherein it has been
specifically held that where orders are obtained
under the Kerala Land Utilization Order, prior to the
implementation of the amendment of the 2008 Act
with effect from 30.12.2017, and where the
property has been converted on the basis of the
said orders, the owners would be eligible to have
their applications considered according to Section
6(A) of the Kerala Land Tax Act, 1961. Learned
Counsel for the petitioners submit that the
petitioners are ready to make an application under
Form A under Section 6A of the Kerala Land Tax Act,
1961, and the same may be directed to be
considered in accordance with law.
6. The learned Government Pleader submits,
WPC NO.20562 OF 2021
on instructions, that the property seems to be
included in the data bank as property converted in
1985.
7. In the light of Ext.P2 order and the
decisions relied on, I am of the opinion that the
application submitted by the petitioners under
Section 6A of the Kerala Land Tax Act, 1961 is liable
to be considered in accordance with law.
In the result, Ext.P7 order is set aside.
There will be a direction that if the petitioners
approach the second respondent with proper
application in Form A under the Kerala Land Tax Act,
1961, the application shall be considered in
accordance with law and necessary
alterations/editions in the BTR shall be made, taking
note of Ext.P2. All factual aspects of the matter
shall be duly verified by the second respondent
while passing orders as directed above, within a
period of two months from the date of receipt of a
WPC NO.20562 OF 2021
copy of this judgment accompanied with a copy of
an application under Form A.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SSK/2/11
WPC NO.20562 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
TRUE PHOTOSTAT COPY OF THE LAND TAX RECEIPT
WITH RESPECT TO THE PROPERTIES OF THE
Exhibit P1
PETITIONERS FOR THE PERIOD 2020-21 ISSUED BY
THE 3RD RESPPONDENT, DATED 27.05.2020.
TRUE PHOTOSTAT COPY NOF THE ORDER OF THE 1ST
Exhibit P2 RESPONDENT DATED 21.12.1995 UNDER THE KERTALA
LAND UTILIZATION ORDER 1967.
TRUE PHOTOSTAT COPY OF THE INFORMATION GIVEN BY
THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
Exhibit P3
KOTTAYAM TO THE 1ST PETITIONER, DATED
10.11.2010.
TRUE PHOTOSTAT COPY OF THE RELEVANT PAGE OF THE
Exhibit P4 DATA BANK REGISTER WITH RESPECT TO THE
PETITIONERS' PROPERTY DATED 09.11.2020.
TRUE PHOTOSTAT COPY OF G.O.
Exhibit P5 (RT).NO.4592/2017/REVENUE DATED 31-10-2017
ISSUED BY THE GOVERNMENT OF KERALA.
TRUE PHOTOSTAT COPY OF THE APPLICATION
Exhibit P6 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND
RESPONDENT, DATED 22.01.2021.
TRUE PHOTOSTAT COPY OF THE COMMUNICATION ISSUED
Exhibit P7 BY THE 2ND RESPONDENT TO THE 1ST PETITIONER
DATED 16.07.2021.
RESPONDENTS' EXHIBITS: NIL
SSK //TRUE COPY// PA TO JUDGE
