Mathew K Cherian vs The District Collector
2021 Latest Caselaw 23687 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                        WP(C) NO. 25259 OF 2021
PETITIONER:

           MATHEW K CHERIAN
           AGED 65 YEARS
           S/O. CHERIAN VARKEY, KOSAMATTOM HOUSE, MANNANAM,
           KOTTAYAM DISTRICT, PIN-686561.

           BY ADVS.
           SHERRY J. THOMAS
           JOEMON ANTONY
           RENISH RAVEENDRAN
           THAMANA BAI



RESPONDENTS:

    1      THE DISTRICT COLLECTOR
           1ST FLOOR, CIVIL STATION, COLLECTORATE P.O.,
           KOTTAYAM, PIN-686002.

    2      THE REVENUE DIVISIONAL OFFICER,
           2ND FLOOR, MINI CIVIL STATION, NEAR JAWAHAR BALA
           BHAVAN, KOTTAYAM, PIN-686001.

    3      THE TAHSILDAR,
           KOTTAYAM TALUK OFFICE, 1ST FLOOR, MINI CIVIL STATION,
           NEAR JAWAHAR BALA BHAVAN, KOTTAYAM, PIN-686001.

    4      THE VILLAGE OFFICER,
           MUTTAMBALAM VILLAGE OFFICE, KANJIKUZHI, KOTTAYAM-
           686002.

    5      THE AGRICULTURAL OFFICER,
           AGRICULTURAL OFFICE, MUTTAMBALAM, KOTTAYAM-686002.

 ADDL R6   THE TAHSILDAR (LR),
           KOTTAYAM TALUK OFFICE, 1ST FLOOR, MINI CIVIL STATION,
           NEAR JAWAHAR BALA BHAVAN,   KOTTAYAM PIN 686 001
           ADDL.R6 IS IMPLEADED AS PER ORDER DATED 30.11.2021 IN
           I.A NO.1 OF 2021
 WP(C) NO. 25259 OF 2021

                                2



             JACOB E SIMON-GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25259 OF 2021

                                    3


                                JUDGMENT

The petitioner claims to be the owner in possession of a total

extent of 80.20 Ares of land in Re-Survey Nos.116/3, 116/4 of

Muttambalam Village of Kottayam Taluk in Kottayam District. It is

submitted that Ext.P1 order had been passed by the RDO under the KLU

order permitting conversion of the said property. It is submitted that

the land is not included in the finalized notified data bank. The

petitioner has thereafter submitted Ext.P5 application before the 2 nd

respondent and seeks a consideration of the same in terms of Section

6A of the Kerala Land Tax Act, 1961. It is further submitted that Ext.P6

correction petition is also filed by the petitioner to make corrections to

the Survey Number mentioned in Ext.P2.

2. The learned counsel for the petitioner submits that the issue

stands squarely covered by the decision of a Division Bench of this

Court in District Collector, Ernakulam and others v. Fr.Jose Uppani

and others [2020 (4) KLT 612]. It is submitted that the 2nd respondent

is duty bound to consider Ext.P5 application exercising powers under

Section 6A of the Kerala Land Tax Act. It is submitted that necessary

additional entries will have to be made in the Basic Tax Register WP(C) NO. 25259 OF 2021

maintained in terms of Rule 4 of the Kerala Land Tax Rules to show the

change in nature of the land and a reassessment will have to be effected

in respect of the properties in question.

3. The learned counsel for the petitioner would further submit

that the entry to be made in the revenue records should not be as

'converted land', since there is no such classification of land as

provided in the relevant enactments and that in view of the conversion

duly carried out by the petitioner, the land should be shown as 'garden

land/dry land/purayidom' in the altered Basic Tax Register.

4. Having heard the learned Government Pleader also, I am of the

opinion that the application submitted by the petitioner is liable to be

considered in accordance with law, taking note of the judgments of this

Court in District Collector, Ernakulam and others v. Fr.Jose Uppani

and others [2020 (4) KLT 612] and in Iype Varghese v. Revenue

Divisional Officer, Idukki and others [2020 (5) KLT 403].

In the above view of the matter, there will be a direction to the 2 nd

respondent to take up, consider Ext.P5 application and Ext.P6 request

for correction preferred by the petitioner, in the light of the judgments

referred to above and pass appropriate orders after considering all WP(C) NO. 25259 OF 2021

relevant aspects of the matter including the nature and identity of the

property and the fact whether the conversion had been carried out

pursuant to Ext.P1 order. If the facts stated are found to be correct and

if the application is liable to be considered, then, the appropriate steps

shall be taken for correction of the entry/alteration of the revenue

records by entering the property as garden land/dry land/purayidom.

The entire proceedings shall be completed within a period of two

months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 25259 OF 2021

APPENDIX OF WP(C) 25259/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PROCEEDINGS OF 2ND RESPONDENT DATED 25.1.2006.

Exhibit P2 THE TRUE COPY OF THE REQUEST DATED 15.9.2021 SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT.

Exhibit P2(A) THE TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF 3RD RESPONDENT DATED 15.9.2021.

Exhibit P3 THE TRUE COPY OF REPORT DATED 13.10.2021 OF THE 4TH RESPONDENT VILLAGE OFFICER SUBMITTED TO THE 3RD RESPONDENT TAHSILDAR (LR).

Exhibit P4 THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO.20849/2020 DATED 6.10.2020.

Exhibit P5 THE TRUE COPY OF THE FORM A APPLICATION SUBMITTED TO THE AUTHORITIES ON 17/11/2021.

Exhibit P6 THE TRUE COPY OF THE CORRECTION PETITION DATED 17/11/2021.