N.Ummer vs The District Collector
2021 Latest Caselaw 19367 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                         WP(C) NO. 184 OF 2020
PETITIONER:

          N.UMMER,
          AGED 55 YEARS
          NJATTUVELATHODI,KARAKUTH,
          MUTHATHALA POST,PATTAMBI VIA,
          PALAKKAD DISTRICT,PIN-679 303

          BY ADVS.
          S.SREEKUMAR (SR.)
          SRI.P.MARTIN JOSE
          SRI.P.PRIJITH
          SRI.THOMAS P.KURUVILLA
          SRI.R.GITHESH
          SRI.AJAY BEN JOSE
          SRI.MANJUNATH MENON
          SRI.S.HARIKRISHNAN



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          PALAKKAD, KENATHUPARAMBU, KUNATHURMEDU,
          PALAKKAD,KERALA-678 013

    2     THE REVENUE DIVISIONAL OFFICER,
          OTTAPALAM, PALAKKAD DISTRICT-679 101

    3     THE TAHSILDAR,
          TALUK OFFICE, PATTAMBI ,PIN-679 303

          BY ADV GOVERNMENT PLEADER




          SMT. SURYA BINOY.B. SR. G.P.


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 184 OF 2020

                                         2


                                   JUDGMENT

This writ petition is filed seeking the following reliefs:

(i) Call for the records leading to Exhibit P12 and quash Exhibit P12 by issue of a writ of certiorari or other appropriate writ order or direction.

(ii) Issue a writ of mandamus or other writ, order or direction compelling the respondents to reclassify 34.20 Ares of land in Re.Sy.No.134/5, 134/6 and 134/8, Block No.25 of Koppam Village as purayidom in all revenue records within a time limit to be fixed by this Hon' ble Court"

2. The petitioner claims to be the owner of total extent of 34.20

ares of land in Re-survey Nos.134/5, 134/6, 134/8 in Koppam village in

Ottapalam Taluk. It is submitted that an order had been obtained by the

petitioner under Clause 6(2) under the Kerala Land Utilisation Order on

20.04.2010, copy of which is Ext.P2. It is submitted that the predecessor

in interest of the petitioner had also obtained Ext.P3 building permit on

23.08.2012 for construction of a shopping complex. The property as well

as the building and the permit stood transferred in the name of the

petitioner and Ext.P4 building permit was thereafter issued in the

petitioner's name. However, when the petitioner applied for renewal of

building permit, he was told that his request would be considered only if WP(C) NO. 184 OF 2020

he obtained orders under the Kerala Conservation of Paddy Land and

Wetland Act, 2008 as amended. The petitioner thereupon, approached

the 3rd respondent with a request under Section 6A of the Kerala Land

Tax Act, but the same was rejected by Ext.P12 on the ground that he has

to make an application under Section 27A of the Kerala Conservation of

Paddy Land and Wetland Act, 2008.

3. The learned counsel for the petitioner submits that since the

application submitted by the petitioner under the Kerala Land

Utilisation Order was much prior to the coming into force of the 2008

Act and since Ext.P2 order had been passed as early as on 20.04.2010, the

request made by the petitioner for reassessment/alteration/addition in

the Basic Tax Register ought to have been considered by the 3 rd

respondent in accordance with the provisions of the Kerala Land Tax Act

and the direction in Ext.P12 is completely unjustifiable. The decisions of

this Court in Geo Peter v. Revenue Divisional Officer, Muvattupuzha and

another 2019 (4) KHC 400, Thomas George and Others v. State of Kerala

and Others 2020 (6) KHC SN 12 and Fr.Jose Uppani and others v. District

Collector, Ernakulam and others [2020 (3) KLT 492], the issue has to be

considered by the 3rd respondent under the provisions of the Kerala WP(C) NO. 184 OF 2020

Land Tax Act and not under the provisions of the 2008 Act.

4. The learned Government Pleader submits that the application

under Section 6A had been preferred by the petitioner only on

03.10.2019, which is possibly the reason why an order in the nature of

Ext.P12 had been rendered.

5. Having heard the learned counsel on either side and having

considered the contentions advanced and in view of the judgments of

this Court referred to above, I am of the opinion that since the

application has been submitted by the petitioner under the Kerala Land

Utilisation Order and an order had been passed as Ext.P2 as early as on

20.04.2010, further steps that are liable to be taken under Section 6A of

the Kerala Land Tax Act and not under Section 27A of the Kerala

Conservation of Paddy Land and Wetland Act, 2008 which provision had

been brought into force only on 30.12.2017.

In the result, Ext.P12 is set aside. There will be a direction to the

Tahasildar, Land Records, Taluk Office, Pattambi to consider the

application preferred by the petitioner under Section 6A of the Kerala

Land Tax Act and to consider and pass orders on the same in accordance

with law, taking note of the decisions referred to above as well, within a WP(C) NO. 184 OF 2020

period of one month from the date of receipt of a copy of this judgment.

The appropriate alterations/entries shall be made in the Revenue

Records showing the nature of the property after the alteration in

accordance with law.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 184 OF 2020

APPENDIX OF WP(C) 184/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF DOCUMENT NO.1891 OF 2013 DATED 31.07.2013 OF VILAYOOR SUB REGISTRY

EXHIBIT P2 TRUE COPY OF ORDER DATED 20.04.2010 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF CONSENT DATED 23.08.2012 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF PREDECESSOR-IN -INTEREST OF THE PETITIONER

EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT DATED 23.08.2012 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF PETITIONER

EXHIBIT P5 TRUE COPY OF BUILDING PERMIT DATED 01.07.2015 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P6 TRUE COPY OF LETTER DATED 18.05.2018 ISSUED BY THE SECRETARY, KOPPAM GRAMA PANCHAYAT ADDRESSED TO THE 2ND RESPONDENT

EXHIBIT P7 TRUE COPY OF RELEVANT PORTION OF THE DATA BANK

EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 22.05.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P9 TRUE COPY OF ACKNOWLEDGMENT ISSUED BY THE 1ST RESPONDENT EVIDENCING THE RECEIPT OF EXHIBIT P8

EXHIBIT P10 TRUE COPY OF JUDGMENT DATED 30.08.2019 IN W.P(C) NO.18621 OF 2018 OF THIS HON'BLE COURT

EXHIBIT P11 TRUE COPY OF REPRESENTATION DATED 04.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH A COPY TO 3RD RESPONDENT

EXHIBIT P12 TRUE COPY OF ORDER DATED 14.10.2019 ISSUED BY THE 3RD RESPONDENT REJECTING EXHIBIT P11