Asha Praveen Xavier vs The Tahsildar
2021 Latest Caselaw 23705 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. 25230 OF 2021
PETITIONER:

          ASHA PRAVEEN XAVIER
          AGED 39 YEARS, W/O. PRAVEEN XAVIER
          EDACKATTUKUDY HOUSE,
          PUTHUPADY P.O,
          KOTHAMANGALAM-686673

          BY ADVS.
          RINNY STEPHEN CHAMAPARAMPIL
          ASHA ELIZABETH MATHEW



RESPONDENTS:

    1     THE TAHSILDAR (LAND RECORDS)
          TALUK OFFICE, KOTHAMANGALAM-686673

    2     THE VILLAGE OFFICER
          THE VILLAGE OFFICE, KOTHAMANGALAM-686673.



          RIYAL DEVASSY-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. 25230 OF 2021                      2


                                      JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) Issue a writ of Mandamus, or any other appropriate writ, order or direction commanding the 1st respondent to reassess and reclassify the Petitioner's 3.92 Ares of land in Survey No. 1517/1-2-14-7 in Kothamangalam Village in Kothamanglam Taluk as 'Dry Land/ Purayidom' on the basis of Exhibit P2 KLU Order.

ii) Issue a Writ of Mandamus, or any other appropriate Writ, Order or direction commanding the 2nd respondent to make consequent corrections in the revenue records including the BTR to the effect that the Petitioner's 3.92 Ares of land in Survey No. 1517/1-2-14-7 in Kothamangalam Taluk is 'Dry Land/Purayidom' and to accept land tax for the said land in the category of Purayidom and to show the classification of the said land in the Possession Certificate and Tax Receipt as Purayidom.

iii) Issue an appropriate Writ, Order or Direction declaring that the 1st respondent is bound to reassess and reclassify the Petitioner's 3.92 Ares of land in Survey No. 1517/1-2-14-7 in Kothamangalam Village in Kothamanglam Taluk as 'Dry Land/Purayidom' on the basis of Exhibit P2 KLU Order without insisting for payment of any amount prescribed under Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 or under Rule 12(17) of the Kerala Conservation of Paddy Land and Wet Land Rules, 2008."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that

she is the owner in possession of 3.92 ares (9.68 cents) of land in

Survey No.1517/1-2-14-7 of Kothamangalam Village, Kothamangalam

Taluk, Ernakulam District. It is submitted that the land was part of

the property covered by Ext.P2 order which was obtained by the

predecessor in interest of the petitioner. It is submitted that the

predecessor in interest of the petitioner had obtained Ext.P2 order

for conversion of 1 acre 3 ½ cents of land as Purayidom. Thereafter,

the conversion was effected and the property was sold as plots. It is

submitted that Ext.P4 sale deed contains a recital to that effect.

Thereafter, the petitioner purchased one of the plots and has

submitted Ext.P7 application along with a representation seeking the

alterations/additions in the Basic Tax Register to show the changed

nature of the land as Purayidom. 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].

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].

There will be a direction to the 1st respondent to take up,

consider Ext.P7 application preferred by the petitioner, in the light of

the judgments referred to above and pass appropriate orders after

considering all 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.P2 order. If the facts stated are

found to be correct and if the application is liable to be allowed, then,

the further steps for alterations/additions to the BTR shall be carried

out recording the nature of the property as dry land/purayidom and

reassessment shall also be done accordingly. The entire proceedings

shall be completed within a period of two months from the date of

receipt of a copy of this judgment. The petitioner shall produce a

copy of this judgment along with a copy of the writ petition before

the 1st respondent for compliance. It is made clear that in case the

application is found liable to be allowed, then the nature of the land

shall be duly recorded as dry land/purayidom in the Basic Tax

Register.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX OF WP(C) 25230/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 22.01.2021 ISSUED FROM THE VILLAGE OFFICE, KOTHAMANGALAM.

Exhibit P2 A TRUE COPY OF THE KLU ORDER NO K.DIS 4278/95/A9 DATED 25.08.1995 ISSUED BY THE RDO, MUVATTUPUZHA.

Exhibit P3 A TRUE COPY OF SALE DEED NO.7649/I 95 DATED 04.09.1995 OF SRO, KOTHAMANGALAM.

Exhibit P4 A TRUE COPY OF PER SALE DEED NO.8655/96 DATED 28/12/1996 OF S.R.O, KOTHAMANGALAM.

Exhibit P5 A TRUE COPY OF SALE DEED NO.5162/2006 DATED 28/08/2006 OF SRO, KOTHAMANGALAM.

Exhibit P6 A TRUE COPY OF THE SALE DEED NO.3118/2016 DATED 16.07.2016 OF SRO, KOTHAMANGALAM.

Exhibit P7 A TRUE COPY OF THE APPLICATION DATED 12.10.2021 IN FORM A SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.