Koonammavunkal Kamentha ... vs District Collector
2021 Latest Caselaw 19378 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. 18085 OF 2021
PETITIONER:

             KOONAMMAVUNKAL KAMENTHA PRAYOGENERAL SHOWRIYAR
             REP.BY FR. DR. AUGUSTINE THOTTAKKARA, S/O.JOSEPH,
             AGED 81 YEARS, CMI PRIOR, CHRIST THE KING MONASTRY,
             KARUKUTTY, ERNAKULAM DISTRICT 683 576
             BY ADV T.G.RAJENDRAN

RESPONDENTS:

     1       DISTRICT COLLECTOR
             CIVIL STATION, KAKKANAD, ERNAKULAM 682 021
     2       REVENUE DIVISIONAL OFFICER
             KB JACOB ROAD, FORT KOCHI, ERNAKULAM 682 001
     3       THE TAHSILDAR (LR)
             ALUVA TALUK OFFICE, ALUVA,
             ERNAKULAM DISTRICT 683 101
     4       THE VILLAGE OFFICER
             KARUKUTTI VILLAGE OFFICE, KARUKUTTI,
             ERNAKULAM DISTRICT 683 576
             R1-4 BY SRI. P.S. APPU, GOVERNMENT PLEADER
     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.18085 OF 2021

                                      2



                          JUDGMENT

Dated this the 16th day of September 2021

This writ petition is filed seeking the following

reliefs:-

a. Issue a writ of Certiorari or any appropriate

writ, order or direction quashing Exhibit P6 order

to the extent of its direction to the petitioner to

approach the RDO to change the nature of the

land in the BTR.

b. Issue a writ of mandamus or any other

appropriate writ or direction directing the 4 th

respondent to issue the tax receipt reflecting the

changes in the nature of land in the light of

Exhibit P6 order and the law laid down in LLMC

Kizhakkambalam Grama Panchayat Vs.

Mariumma & Anr reported in 2015 (3) KHC 19

DB.

2. Heard the learned counsel for the

petitioner and the learned Government Pleader .

WP(C).No.18085 OF 2021

3. The learned counsel for the petitioner submits

that the petitioner is in possession of 193 cents (67.74

Ares) of property in Survey No.114/4, Block No.3 of

Karukutti village, Aluva Taluk, Ernakulam District. It is

submitted that an order under Clause 6(2) of Kerala

Land Utilization Order, 1967 for permission for

conversion of the land had been obtained in the year

1995. Exhibit P2 is the copy of the order. However, the

property remains recorded as 'Nilam' in the revenue

records. The petitioner therefore, had preferred an

application under Section 6A of the Kerala Land Tax Act,

1961. It is submitted that by Exhibit P5 judgment, this

Court had directed the consideration of the said

application. By Exhibit P6 order dated 16-08-2021, the

request of the petitioner was considered and it was held

that there is no requirement for any re-assessment,

since the rate of tax for 'nilam' and land for non

agricultural purposes are the same.

4. However, it was further held that an

application has to be filed by the petitioner before the WP(C).No.18085 OF 2021

RDO in Form 7 under the Kerala Conservation of Paddy

Land and Wetland Amendment Act, 2018. The learned

counsel for the petitioner submits that it is a settled

position that where orders have been passed under the

Kerala Land Utilization order, 1967, before the coming

into effect of the Kerala Conservation of Paddy Land and

Wetland Amendment Act, 2018, there is no requirement

for an application for other use of the land in question in

terms of Section 27A of the Kerala Conservation of

Paddy Land and Wetland Act, 2008. It is submitted

that the provisions under Section 27A of the 2008 Act

was incorporated only in December 2017 and those

provisions apparently can have no application in a case

where the order had been obtained by the petitioner in

1995 and the conversion had also been effected

thereafter.

5. Learned counsel for the petitioner relies on

the decisions of this Court in LLMC Kizhakkambalam

Grama Panchayat v. Mariumma & Anr reported in

2015 (3) KHC 19 and Fr. Jose Uppani v. District WP(C).No.18085 OF 2021

Collector reported in 2020(3) KLT 492.

6. Having considered the contentions advanced

and having perused the decisions of this Court, I am of

the opinion that the application preferred by the

petitioner under Clause 6A is liable to be considered in

accordance with law. This Court had specifically held

that where the permission for use of the land for other

purposes is granted under Clause 6 of the Kerala Land

Utilization Order 1967, and land had been converted

prior to the coming into force of the 2008 Act, then the

further steps to be taken is the change of the nature of

land by making appropriate entries in the Basic Tax

Register in terms of Section 6A of the Land Tax Act.

7. In the above view of the matter, I am of the

opinion that Exhibit P6 which directs the petitioner to

approach the RDO under Section 27A of the Kerala

Conservation of Paddy Land and Wetland Act, 2008 is

completely untenable.

In the result, Impugned order is set aside. WP(C).No.18085 OF 2021

There will be a direction to the respondents to take up

and pass orders on the request of the petitioner in

Exhibits P3 and P4 in terms of Section 6A of the Kerala

Land Tax Act, 1961 without reference to the provisions

of the 2008 Act as amended and to issue orders under

Section 6A of the Kerala Land Tax Act, 1961.

Appropriate orders shall be passed at the earliest, at

any rate, within one month from the date of receipt of

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/16/09 WP(C).No.18085 OF 2021

APPENDIX

PETITIONERS' EXHIBITS:

PETITIONER EXHIBITS TRUE COPY OF THE LAND TAX RECEIPT DATED Exhibit P1 24.6.2020 TRUE COPY OF THE KLU ORDER ISSUED BY THE Exhibit P2 2ND RESPONDENT DATED 2.3.1996 TRUE COPY OF THE REPRESENTATION PREFERRED Exhibit P3 BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 27.1.2021 TRUE COPY OF THE REPRESENTATION PREFERRED Exhibit P4 BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH FORM A DATED 12.4.2021 TRUE COPY OF THE JUDGMENT DATED 4.5.2021 IN Exhibit P5 WP(C) NO.5535/2021 TRUE COPY OF THE ORDER DATED 16.8.2021 Exhibit P6 PASSED BY THE 3RD RESPONDENT

RESPONDENTS' EXHIBITS: NIL

SSK //TRUE COPY// PA TO JUDGE