Vijayakumar N. B vs The State Of Kerala
2021 Latest Caselaw 22906 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                        WP(C) NO. 26114 OF 2021
PETITIONER:

          VIJAYAKUMAR N. B.
          AGED 52 YEARS
          S/O.BALAKRISHNA PILLAI, NEDUMKOMBIL HOUSE, VALLICHIRA
          P.O., KOTTAYAM DISTRICT 686 592
          BY ADV K.C.VINCENT


RESPONDENTS:

    1     THE STATE OF KERALA
          REP.BY THE SECRETARY, DEPARTMENT OF REVENUE,
          THIRUVANANTHAPURAM 695 001
    2     THE REVENUE DIVISIONAL OFFICER
          CIVIL STATION, PALA, PALA P.O., KOTTAYAM 686 575
    3     THE TAHSILDAR (LAND RECORDS)
          TALUK OFFICE, PALA, PALA P.O., KOTTAYAM 686 575
    4     THE VILLAGE OFFICER
          VILLAGE OFFICE, PULIYANNOOR, ARUNAPURAM P.O., KOTTAYAM
          686 574
    5     THE LOCAL LEVEL MONITORING COMMITTEE
          PALA, REP.BY THE AGRICULTURAL OFFICE, KRISHI BHAVAN,
          PALA, PALA P.O., KOTTAYAM 686 575


          RIYAL DEVASSY-GPOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26114 OF 2021

                                       2



                                 JUDGMENT

Dated this the 23rd day of November 2021

This writ petition is filed seeking the following

reliefs:-

(a) Issue a writ of mandamus or any other writ, direction or order directing the 2 nd respondent to pass orders on Exhibit P9, application in Form 5, taking note of Exhibits P4 to P6 and after conducting enquiry and inspection if required.

(b) Issue a declaration that the petitioner is eligible for the benefit of exemption of free extended through Exhibit P7 as the area applied for is only 10.9 cents and Exhibit P6 is liable to be modified to permit change of nature of the subject lands.

(c)Issue a declaration that the Revenue authorities are liable to re-assess the land tax in all cases where permission under Section 27A is granted, as required under Section 27C of 2008 Act r/w sub-rule 10 of Rule 12 of the 2008 Rules, without insisting the land owners to approach the authorities by filing Form A under Section 6A of the Kerala Land Tax Act, 1961.

(d)Issue a writ of mandamus or any other appropriate writ, direction or order directing the 3 rd and 4th respondents to effect appropriate entries in the revenue records showing the category of the subject WP(C).No.26114 OF 2021

lands as dryland/purayidom.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

3. It is submitted that the petitioner is the

owner in possession of 3.07 Ares of property in Re-

survey No.1/4-1 in Block No.80 of Puliyannoor Village in

Meenachil Taluk of Kottayam District and 1.34 Ares of

property in Re-survey No.1/3-1 of the same village. It

is submitted that the properties are categorized as

nilam in the revenue records. However, the properties

were not included in the data bank as is evident from

Exhibit P4. It is submitted that an application

submitted by the petitioner for use of the property for

other purposes had been considered and Exhibit P6

demand for fee had been raised. It is submitted by the

learned counsel for the petitioner that thereafter, the

property had been included in the notified data bank.

The petitioner, therefore, submitted Exhibit P9

application in Form 5 for exclusion of 3.07 Ares of

property from the data bank. It is submitted that the WP(C).No.26114 OF 2021

said application is liable to be considered in accordance

with law.

4. Having heard the learned Government also

and in view of the fact that one extent of the property

now stands included in the data bank and since the

petitioner had submitted Exhibit P9 application for

exclusion of 3.07 Ares of property in Re-survey

No.1/4-1 from the data bank, I am of the opinion that

the said application is liable to be considered in

accordance with law.

There will, accordingly, be a direction to the

2nd respondent to take up Exhibit P9 application in Form

5 submitted by the petitioner and consider and pass

orders on the same in accordance with law, after

considering all relevant aspects including the reports of

the Agricultural Officer as well as the KSREC, if

required. Order shall be passed within a period of two

months from the date of receipt of copy of this

judgment. Thereafter, if the application in Form 5 is WP(C).No.26114 OF 2021

allowed, then the application submitted by the

petitioner in Form 6 shall also be re-considered without

reference to the circular dated 23.07.2021, within a

period of two months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/23/11 WP(C).No.26114 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 29.10.2019 A TRUE COPY OF THE APPLICATION IN FORM 6 Exhibit P2 SUBMITTED ON 1.11.2019 A TRUE COPY OF THE SKETCH OF THE SUBJECT Exhibit P3 PROPERTY DATED NIL A TRUE COPY OF THE REPORT SUBMITTED BY THE Exhibit P4 AGRICULTURAL OFFICE DATED 2.12.2019 A TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT Exhibit P5 DATA BANK A TRUE COPY OF THE COMMUNICATION ISSUED BY THE Exhibit P6 OFFICE OF THE 2ND RESPONDENT DATED 28.12.2019 A TRUE COPY OF THE SRO NO.369/2021 DATED Exhibit P7 25.2.2021 PUBLISHED IN TEH GAZETTE DATED 21.4.2021 A TRUE COPY OF THE RELEVANT PAGE OF THE Exhibit P8 NOTIFIED DATA BANK DATED NIL A TRUE COPY OF THE APPLICATION IN FORM 5 ALONG Exhibit P9 WITH RECEIPT DATED 15.11.2021 RESPONDENTS' EXHIBITS: NIL

SSK //TRUE COPY// PA TO JUDGE