Clelia Barbieri Holy Angles ... vs The District Collector
2021 Latest Caselaw 19615 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                       WP(C) NO. 19356 OF 2021
PETITIONER:

          CLELIA BARBIERI HOLY ANGLES ENGLISH MEDIUM SCHOOL
          REPRESENTED BY MANAGER SISTER ANITHA, AGED 54, D/O
          VARGHESE, CLELIA BARBIERI HOLY ANGELS, ENGLISH MEDIUM
          SCHOOL, CHALIPURAM ROAD, WADAKANCHERY,
          THRISSUR-680 582.

          BY ADVS.
          N.KRISHNA RAJA MAULI
          N.G.ANITHA



RESPONDENTS:
     1     THE DISTRICT COLLECTOR
           FIRST FLOOR, CIVIL STATION, AYYANTHOLE,
           THIRUSSUR-680 003.

    2     THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, THRISSUR-680 003.

    3     THE TAHSILDAR,
          THALAPPILLY TALUK, THALAPPILLY TALUK OFFICE,
          WADAKKANCHERY, THRISSUR-680 582.

    4     THE VILLAGE OFFICER
          WADAKKANCHERY VILLAGE OFFICE, WADAKKANCHERY,
          THRISSUR-680 623.

    5     ADDL-R5 THE TAHASILDAR(LR),
          THALAPPILLY TALUK (ADDL. R5 IS SUO MOTU IMPLEADED AS
          PER ORDER DATED 17/9/2021 IN WP(C) 19356/2021).



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


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19356 OF 2021

                                          2


                                    JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to consider Ext P4 application and pass orders of fresh assessment under Section 6A of the Kerala Land Tax Act, so as to secure additional entries in the BTR to show the changed nature of the land as 'garden land/purayidom' instead of the earlier BTR entry, in terms of the dictum laid down by this Hon'ble Court in LLMC, Kizhakkambalam Grama Panchayath and others v. Mariumma and another, 2015 (2) KLT 516 (DB) and without insisting any charges as provided under Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act 2008 within a time frame as fixed by this Hon'ble Court;

ii) To declare that the petitioners are not bound by the amended provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, which has introduced Section 27A thereof and the amended provisions of the Rule framed thereunder and that the petitioners are entitled to get Ext. P4 application under Section 6A of the land Tax Act proceeded by the 3rd respondent."

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

petitioner is the owner of 46.99 ares of land in Survey No.109/77 Old

No.759/1 of Wadakanchery Village, Thalappilly Taluk, Thrissur District. WP(C) NO. 19356 OF 2021

The land is included as 'nilam' in the revenue records. It is submitted

that in respect of 36.9 ares of property purchased under sale deed

number 3770/2003, Ext.P2 order had been passed under the Kerala Land

Utilisation Order in the year 1996 itself pointing the conversion of the

land into Paramba for construction of residential building. It is

submitted that the petitioner had, thereafter, approached the 3 rd

respondent with an application for making necessary changes in the

revenue records. It is submitted that the application is liable to be

considered in accordance with law, in view of the judgments of this

Court in Geo Peter v. Revenue Divisional Officer [2019 (3) KLT 838] and

Iype Varghese v. Revenue Divisional Officer [2020 (5) KLT 403].

4. The learned Government Pleader submits that in case the

property is not included in the data bank, the application made by the

petitioner can be considered by the Tahasildar (Land Records),

Thalappally Taluk in accordance with law.

I am of the opinion that the application is liable to be considered in

accordance with law, after verifying all the factual aspects of the matter

including the identity of the property as well as the fact whether the

property is included in the data bank or not. Without expressing any WP(C) NO. 19356 OF 2021

opinion on the merits of the application, there will be a direction to the

additional 5th respondent to take up Ext.P4 application preferred by the

petitioner and Ext.P3 representation and conduct all due inspections and

pass an order in accordance with law, within a period of two months

from the date of receipt of a copy of this judgment. The petitioner shall

produce a copy of this writ petition along with a copy of the judgment

before the additional 5th respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 19356 OF 2021

APPENDIX OF WP(C) 19356/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE TAX RECEIPT ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT WADAKANCHERY VILLAGE OFFICE DATED 28.4.2021

Exhibit P2 A TRUE COPY OF THE ORDER ISSUED PER PROCEEDINGS NO K.DIS SR.262/96/D1 DATED 18.7.96 OF THE 2ND RESPONDENT

Exhibit P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 16.4.2021

Exhibit P4 A TRUE COPY OF THE APPLICATION IN FORM A SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 22.6.2021

Exhibit P5 A TRUE COPY OF THE RECEIPT NO 785/21 DATED 22.6.2021 ISSUED BY THE 3RD RESPONDENT