Adv.Sarachandra Das vs The Tahasildar (Land Revenue), ...
2021 Latest Caselaw 20397 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                        WP(C) NO. 13862 OF 2021
PETITIONERS:

    1       ADV.D.SARACHANDRA DAS,
            AGED 64 YEARS
            S/O.DAMODARAN UNNITHAN, PUTHUPARAMBIL VEETTIL, PRAMADOM
            VILLAGE, KOZHENCHERY TALUK, KUMBAZHA P.O.,
            PATHANAMTHITTA DISTRICT-689 653.

    2       P.R.PRABHA KUMARI,
            AGED 55 YEARS
            W/O.ADV.D.SARACHANDRA DAS, PUTHUPARAMBIL VEETTIL,
            PRAMADOM VILLAGE, KOZHENCHERY TALUK, KUMBAZHA P.O.,
            PATHANAMTHITTA DISTRICT-689 653.

            BY ADVS.
            MANU RAMACHANDRAN
            M.KIRANLAL
            R.RAJESH (VARKALA)
            T.S.SARATH
            SAMEER M NAIR



RESPONDENTS:

    1       THE TAHASILDAR (LAND REVENUE), KOZHENCHERY TALUK,
            PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT-689 645.

    2       THE AGRICULTURAL OFFICER,
            KRISHI BHAVAN, PATHANAMTHITTA P.O., PATHANAMTHITTA
            DISTRICT-689 645.

    3       THE VILLAGE OFFICER,
            PATHANAMTHITTA P.O., PIN-689 645.

    4       THE SECRETARY, PATHANAMTHITTA MUNICIPALITY,
            PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT-689 645.

    5       ADDL.R5.THE REVENUE DIVISIONAL OFFICER,
            OFFICE OF RDO, ADOOR REVENUE DIVISION, ADOOR P.O.,
            PATHANAMTHITTA DISTRICT-691 523.
            ADDL.R5 IMPLEADED AS PER ORDER DATED 16-09-2021 IN IA
 WP(C) NO. 13862 OF 2021

                                       2

             3/2021.

     6       ADDL.R6. TAHASILDAR (LAND RECORDS), PATHANAMTHITTA
             (ADDL. R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED
             01/10/2021 IN WP(C) 13862/2021).



             SURYA BINOY B-SR.GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.10.2021,    THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 13862 OF 2021

                                        3


                                   JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) issue a writ of mandamus or any other appropriate writ, order or direction, to the 1st respondent to appropriate actions under the Kerala Land Tax Act, 1961 for reassessment of tax for the property covered by Ext.P1 and appropriate entries made in the revenue records in view of Ext.P3 Gazette notification and Ext.P5 application, within a time frame fixed by this Hon'ble Court.

ii) issue a direction directing the RDO, Adoor for considering the earlier applications which lead to Ext.P2 and Ext.P8 in terms of Clause 6 of the KLU order for effecting change of nature and user of land covered by Exhibit P1 and Exhibit P3, within a time frame fixed by this Hon'ble Court."

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 the owners in possession of 41.68 ares of land in

Survey Nos.K 56/4A-2, 56/4C, 58/1-2 of Pathanamthitta Village,

Kozhenchery Taluk, Pathanamthitta District. It is submitted that the

property was erroneously included in the data bank and that the WP(C) NO. 13862 OF 2021

petitioners had initially approached the RDO under the Kerala Land

Utilisation Order and by Ext.P2 the application was forwarded to the

LLMC for consideration and for appropriate decision. It is submitted

that thereafter, an error was noticed in the data bank and an erratum

notification was issued as Ext.P3 on 09.02.2018. It is submitted that

thereafter the petitioners have approached this Court and a direction

was issued to the revenue officials to effect the changes in the Basic

Tax Register in accordance with Ext.P3. It is submitted that the

petitioners had submitted specific requests for reassessment of the tax

and for effecting the consequent changes in the revenue records.

Ext.P5 is the application. It is submitted that the 1 st petitioner had

preferred Ext.P7 application in the meanwhile. It is submitted that the

applications preferred by the petitioners under the Kerala Land

Utilisation Order are liable to be considered in accordance with law

and Ext.P5 is liable to be considered and disposed of without reference

to the amended provisions of the Kerala Conservation of Paddy Land

and Wetland Act, 2008 (hereinafter referred to as 'the 2008 Act').

4. The learned Government Pleader submits, on instructions, that

the formal notification removing the property from the data bank has WP(C) NO. 13862 OF 2021

been published only on 09.02.2018. It is contended that in the

meanwhile, amendments had already been effected to the 2008 Act and

that therefore the petitioners have to approach the RDO with an

application under Section 27A of the 2008 Act and that the application

preferred by the petitioners as Ext.P5 cannot be considered after the

amendment. It is submitted by the learned Government Pleader that

the petitioners had submitted an application under Section 27C of the

2008 Act and therefore they had conceded to the position that their

application is liable to be considered in terms of the amended Act.

5. The learned counsel for the petitioners would contend that

Ext.P5 application was one filed under the provisions of the Kerala

Land Utilisation Order and an application submitted during the

pendency of the said request cannot be relied on to deny an order on

the application initially submitted by them.

Having considered the contentions advanced and having heard

the parties, in view of the admitted position that the application

initially preferred by the petitioners was before the amendment to the

2008 Act with effect from 13.12.2017 and in view of the fact that orders

have already been rendered by the LLMC and the property stands WP(C) NO. 13862 OF 2021

removed from the data bank, I am of the opinion that the application

preferred by the petitioners before the RDO under the provisions of the

Kerala Land Utilisation Order requires a consideration, in accordance

with law. In the above view of the matter, there will be a direction to

the respondents to take up, consider and pass orders on the

applications preferred by the petitioners before the RDO in terms of

the Kerala Land Utilisation Order and after considering all relevant

aspects of the matter. Appropriate orders shall be passed 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. 13862 OF 2021

APPENDIX OF WP(C) 13862/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT IN THANDAPER NO.27244 ISSUED BY THE 3RD RESPONDENT VILLAGE OFFICER IN FAVOUR OF PETITIONERS 1 & 2 DATED 08.06.2020.

Exhibit P2 THE TRUE COPY F THE LETTER NO.,84/977/2017 DATED 24.04.2017 ISSUED BY THE RDO, ADOOR TO 2ND RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE ERRATUM NOTIFICATION NO.321 DATED 09.02.2018 IN KERALA GAZETTE.

Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED 07.04.2021 IN WPC NO.19999/2020.

Exhibit P5 THE TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER SEEKING REASSESSMENT OF TAX AND CHANGES IN REVENUE IN REVENUE RECORDS BEFORE THE 1ST RESPONDENT DATED 05.07.2021.

Exhibit P6 THE TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DEPARTMENT OF GASTROENTEROLOGY, ERNAKULAM MEDICAL CENTRE DATED 19.09.2020.

Exhibit P7 THE TRUE COPY OF THE APPLICATION PREFERRED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.11.2016

EXHIBIT P8 THE TRUE COPY OF THE REPLY VIDE NO-

977/2017/KD IS /B4 DATED 10.3.2017 ISSUED BY THE RDO, ADOOR

Exhibit P9 THE TRUE COPY OF THE LETTER OF 2ND RESPONDENT TO 4TH RESPONDENT DATED 5.1.2017 ANNEXED WITH THE DECISION NO.1 DATED 1.3.2017 OF THE LLMC