K.R.Vinod vs The District Collector
2021 Latest Caselaw 20126 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                     WP(C) NO. 18640 OF 2021
PETITIONER/S:

    1     K.R.VINOD.,
          AGED 55 YEARS
          S/O. RAJAN, KURISINKAL HOUSE, EDAPPALLY P.O.
          ERNAKULAM 682 024.

    2     JOSSY ,
          AGED 43 YEARS
          S/O. KOCHOUSEPH, ARAKKAL HOUSE, THRIKKAKARA P.O.
          ERNAKULAM 682 024.

          BY ADVS.
          VINUCHAND
          C.R.VINOD KUMAR
          GEEVARGHESE MATHEW


RESPONDENT/S:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE, KAKKANAD, ERNAKULAM 682 030.

    2     THE REVENUE DIVISIONAL OFFICER,
          FORT KOCHI 682 001.

    3     THE ADDITIONAL TAHSILDAR,
          (LR), NORTH PARUR 683 513.

    4     THE VILLAGE OFFICER,
          ALANGAD VILLAGE, ALANGAD 683 502.


OTHER PRESENT:
          SRI. ASWIN SETHUMADHAVAN - GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 18640 OF 2021



                                  -2-



                               JUDGMENT

The petitioners are stated to be the owners

of an extent of 5.54 Ares, comprised of in Survey

No.195/3A of Alangad Village, and they say that

they have obtained title to it through Ext.P1

document.

2. The petitioners say that even though

the land is a dry land and not included in the Data

Bank prepared under the provisions of the Kerala

Conservation of Paddy Land and Wetland Act, 2008,

when tax receipt was issued in their favour, it

contained an enforcement that it is a

"Nilam"(Paddy land).

3. The petitioners say that the afore

endorsement is contrary to the directions in Ext.P3

judgment; and therefore, that they preferred Ext.P7

representation before the Tahsildar, seeking that

the same be deleted. They allge that, however, no WP(C) NO. 18640 OF 2021

action has been taken on Ext.P7 and thus prays that

the 3rd respondent- Tahsildar be directed to issue

appropriate orders deleting the entry of "Nilam" in

their tax receipt.

4. The afore submissions of Shri.Vinu

Chand, the learned counsel for the petitioners,

were met by the Senior Government Pleader,

Shri.Aswin Sethumadhavan, saying that the 3rd

respondent is willing to act as per the directions

in Ext.P3 judgment and that Ext.P7 representation

will be thus disposed of.

In the afore circumstances, I allow this

writ petition and direct the 3rd respondent to

immediately act upon Ext.P7 representation of the

petitioners and issue appropriate orders thereon,

adverting to the specific directions in Ext.P3

judgement. In other words, the 3 rd respondent will

be at liberty to show the original entry of "Nilam"

in the tax receipt, but the same will contain an WP(C) NO. 18640 OF 2021

endorsement that it is now remaining as "converted

land" and fit for being used for other purposes

than paddy cultivation.

The afore exercise shall be completed by

the 3th respondent as expeditiously as is possible,

but not later than two weeks from the date of

receipt of a copy of this judgment.

This writ petition is thus ordered.

sd/-

DEVAN RAMACHANDRAN, JUDGE STK WP(C) NO. 18640 OF 2021

APPENDIX OF WP(C) 18640/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE TAX PAID RECEIPT DATED 12/3/2014 OF THE IST PETITIONER.

Exhibit P2 A TRUE COPY OF THE APPLICATION DATED 8/12/2015 FILED BY THE PETITIONERS BEFORE THE REVENUE DIVISIONAL OFFICER FOR COCHIN DATED 8/12/2015 UNDER CLAUSE 6 OF THE K.L.U. ORDER.

Exhibit P3 A TRUE COPY OF HE JUDGMENT DATED 16/11/2017 IN WP.C. NO. 36935/2017 BY THE HONBLE HIGH COURT OF KERALA.

Exhibit P4 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS UNDER SECTION 6 OF THE KERALA LAND TAX ACT BEFORE THE 3RD RESPONDENT DATED 13/8/2019.

Exhibit P5 A TRUE COPY OF THE PROCEEDINGS /ORDER DATED 14/11/2019 PASSED BY THE 3RD RESPONDENT IN EXHIBIT P4 APPLICATION.

Exhibit P6 THE TRUE COPY OF THE PAID RECEIPT OF THE PETITIONERS DATED 7/7/2020 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT BEARING NO. KL07030109677/2020.

Exhibit P7 THE TRUE COPY OF THE REPRESENTATION DATED 24/7/2020 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENTS.