P. R. Prasobh Kumar vs The Tahasildar (Land Revenue)
2021 Latest Caselaw 20445 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. 14309 OF 2021
PETITIONER:

            P. R. PRASOBH KUMAR
            AGED 49 YEARS
            S/O. P. K. RAJAN, PUTHUPARAMBIL VEETTIL PRAMADOM
            VILLAGE, KOZHENCHERY TALUK, KUMBAZHA P. O.,
            PATHANAMTHITTA DISTRICT - 689 653, REPRESENTED BY HIS
            WIFE P. A. HOLDER AMBILI RAJAN, AGED 45 YEARS, W/O. P.
            R. PRASOBH KUMAR, KOZHAKKATTU VEEDU, VALLAMKULAM P. O.,
            ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
            PATHANAMTHITTA - 689 541.

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



RESPONDENTS:

    1       THE TAHASILDAR (LAND REVENUE)
            KOZHENCHERRY 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-691523.
            (ADDL.R5 IMPLEADED AS PER ORDER DATED 16-09-2021 IN IA
 WP(C) NO. 14309 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) 14309/2021).


      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. 14309 OF 2021

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                                   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 earlier filed evident by Ext.P7 and Ext.P8 in terms of Clause 6(2) 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 petitioner and the learned

Government Pleader.

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

the petitioners are the owners in possession of 32.58 ares of land in

Survey Nos.K 58/1/1 and 56/4A of the 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. 14309 OF 2021

petitioner had initially approached the RDO under the Kerala Land

Utilisation Order and by Ext.P8 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 petitioner 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

petitioner had submitted specific request 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 petitioner had

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

applications preferred by the petitioner 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 WP(C) NO. 14309 OF 2021

has 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 petitioner have to approach the RDO with an

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

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

amendment. It is submitted by the learned Government Pleader that

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

2008 Act and therefore he had conceded to the position that his

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

5. The learned counsel for the petitioner 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 him.

Having considered the contentions advanced and having heard

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

initially preferred by the petitioner 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. 14309 OF 2021

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

preferred by the petitioner 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 petitioner 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. 14309 OF 2021

APPENDIX OF WP(C) 14309/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT IN THANDAPER NO.27238 ISSUED BY THE 3RD RESPONDENT VILLAGE OFFICER IN FAVOUR OF PETITIONER DATED 08.06.2020.

Exhibit P2 THE TRUE COPY OF THE DECISION NO.2 OF THE LLMC, PATHANAMTHITTA MUNICIPALITY DATED 01.03.2017.

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 W.P.(C) NO.19999/2020.

Exhibit P5 THE TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER SEEKING REASSESSMENT OF TAX AND CHANGES 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 APPLICATION DATED
                          3.2.2017 PREFERRED BY THE PETITIONER
                          BEFORE THE RDO, ADOOR

Exhibit P8                THE TRUE COPOY OF THE LETTER NO

CI015035/16 DATED 8.2.2017 IDDUED BY THE IST RESPONDENT TO THE PETITIONER

Exhibit P9 THE TRUE COPY OF THE LETTR OF 2ND RESPONENT TO THE 4TH RESPONDENT DATED 5.1.2017