M.T.Thomas vs State Of Kerala
2021 Latest Caselaw 18525 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                    THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                              WP(C) NO. 2487 OF 2021
PETITIONER:
           M.T.THOMAS
           AGED 64 YEARS
           S/O. M.M THOMAS, MALIACKEL HOUSE, VIVEK NAGAR,
           KADAVANTHRA, KOCHI 682 020

                  BY ADVS.
                  B.SAJEEV KUMAR
                  SRI.THOMAS JOHN AMBOOKEN
                  SMT.BLOSSOM MATHEW


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, GOVT.
           SECRETARIAT, THIRUVANANTHAPURAM 695 001

       2          THE DISTRICT COLLECTOR,
                  ERNAKULAM, COLLECTORATE, KAKKANAD, KOCHI 682 030

       3          REVENUE DIVISIONAL OFFICER,
                  FORT KOCHI, REVENUE DIVISION OFFICE, FORT KOCHI,
                  KOCHI 682 001

       4          THE TAHSILDAR (LR)
                  KANAYANNUR TALUK, ERNAKULAM, KOCHI 682 011

       5          THE VILLAGE OFFICER,
                  THEKKUMBHAGOM VILLAGE OFFICE, TRIPUNITHURA,
                  KOCHI 682 020

       6          THE LOCAL LEVEL MONITORING COMMITTEE,
                  THRIPUNITHURA REPRESENTED BY ITS CONVENOR, AGRICULTURAL
                  OFFICER, AGRICULTURAL OFFICE, TRIPUNITHURA,
                  KOCHI 682 301



                  SRI. P. APPU-G.P.


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2487 OF 2021

                                         2


                                  JUDGMENT

This writ petition is filed seeking directions to the respondents to

consider the request made by the petitioner for removal of the property of

the petitioner from the data bank and for reassessment of the property and

alterations in the revenue records. The learned counsel for the petitioner

submits that the property having an extent of 2.02 acres had been

purchased by the petitioner in 1996 and was a part of a larger extent of

property for which development permits had been obtained by the

members and the property was sold in plots for residential purposes.

However, in the revenue records and in the data bank property is still

shown as 'Nilam'. It is submitted that the petitioner had made requests for

changing the nature of the land and for recording the changed nature in

the revenue records as well as the data bank. It is submitted that Exts.P4

and P5 orders were issued under Clause 6 (2) of the KLU Order in 22.01.1996

and that the request of the petitioner is, therefore, liable to be considered

in accordance with law.

2. It is submitted that Ext.P5 application has thereafter been

submitted by the petitioner on 03.02.2021 in Form 5 for removal of the

property from the data bank. The application is produced as Ext.P10. The

learned counsel for the petitioner seeks directions to the respondents to WP(C) NO. 2487 OF 2021

consider Ext.P10 application within a time frame and once orders are

passed thereof for a consideration of the request made by the petitioner for

change in the Basic Tax Register.

Having considered the contentions advanced and having heard the

learned Government Pleader, I am of the opinion that Ext.P10 application

preferred by the petitioner is liable to be considered in accordance with

law. There will, accordingly, be a direction to the 3 rd respondent to take up,

consider and pass orders on Ext.P10 application preferred by the petitioner

after obtaining all necessary reports from respondents 5 and 6 and after

making all due verifications within a period of four months from the date

of receipt of a copy of this judgment. The 4th respondent shall also

consider the application preferred by the petitioner for effecting

alterations/ additions in the Basic Tax Register, if such an application

is submitted by the petitioner in accordance with law after considering

all relevant aspects of the matter within a period of two months.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 2487 OF 2021

APPENDIX OF WP(C) 2487/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO 2078/1996 OF THE THRIPUNITHURA SRO

EXHIBIT P2 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 4-

06-1996 OBTAINED BY MR. ARAVIND KUMAR

EXHIBIT P3 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 11-

06-1996 OBTAINED BY MR. TOMY

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 22-01-1996 ISSUED BY THE 3RD RESPONDENT UNDER THE KERALA LAND UTILISATION ORDER, 1967

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 22-01-1996 ISSUED BY THE 3RD RESPONDENT UNDER THE KERALA LAND UTILISATION ORDER 1967

EXHIBIT P6 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK

EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED BY THE 6TH RESPONDENT

EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 3-12-2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT

EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED 9-12-2020 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE APPLICATION FILED BY THE 3RD RESPONDENT BY REGISTERED POST

EXHIBIT P11 TRUE COPY OF THE POSTAL RECEIPT ISSUED BY THE 4TH RESPONDENT

EXHIBIT P12 TRUE COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF EXHIBIT P10 BY THE 3RD RESPONDENT