Elizabeth Philip vs State Of Kerala
2022 Latest Caselaw 3860 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                        WP(C) NO. 12391 OF 2022
PETITIONER:

          ELIZABETH PHILIP
          AGED 73 YEARS
          W/O. MR.PHILIP, CHAKKAPARAMBIL (H), PANDACHIRA ROAD,
          KADAVANTHARA SOUTH, ERNAKULAM-682020.
          BY ADVS.
          SANTHOSH MATHEW
          ARUN THOMAS
          ANIL SEBASTIAN PULICKEL
          KARTHIKA MARIA
          ABI BENNY AREECKAL
          NANDA SURENDRAN
          NANDA SANAL
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
          AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM-695001.
    2     DISTRICT COLLECTOR,
          CIVIL STATION, KAKKANAD, ERNAKULAM-682030.
    3     REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, FORT KOCHI, KOCHI-682001.
    4     AGRICULTURAL OFFICER,
          KRISHI BHAVAN, KARMALLOOR, ALUVA-PARAVOOR ROAD,
          ERNAKULAM-683511.
    5     THE THAHSILDAR,
          ALUVA TALUK OFFICE, FIRST FLOOR,
          MINI CIVIL STATION, CIVIL STATION ROAD,
          PERIYAR NAGAR, ALUVA, KERALA-683101.
    6     VILLAGE OFFICER,
          ALUVA WEST VILLAGE, SH 16, BRIDGE ROAD,
          PERIYAR NAGAR, KOCHI, KERALA-683101.
          SMT. PRINCY XAVIER-SR.G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12391 OF 2022

                                      2


                               JUDGMENT

Dated this the 5th day of April, 2022

This writ petition is filed seeking consideration of Ext.P2

application submitted by the petitioner. It is submitted that the same is

pending as is evident from the receipt dated 11.02.2016. It is submitted

that this Court has considered the issue and has held that where

applications under Clause 6(2) of the Kerala Land Utilization Order are

filed before the appropriate authorities before 30.12.2017, the same

have to be considered in accordance with the Kerala Land Utilization

Order.

2. In the above view of the matter, there will be a direction to the 3 rd

respondent to consider Ext.P2 application submitted by the petitioner,

as evidenced by the receipt dated 11.02.2016, and to consider and pass

orders on the same in accordance with law. If Clause 6(2) application is

allowed and orders are passed permitting the use of land for other

purposes, then Ext.P4 application shall also be taken up by the

Tahsildar (Land Records), Aluva. The petitioner may submit due

application under Section 6A of the Kerala Land Tax Act before the WP(C) NO. 12391 OF 2022

Tahsildar (Land Records), Aluva. Appropriate orders shall be passed

thereon within a period of three months from the date of receipt of a

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 12391 OF 2022

APPENDIX OF WP(C) 12391/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO.1715749 DATED 1.10.2020 SHOWING REMITTANCE OF TAX BY THE PETITIONER.

Exhibit P2 TRUE COPY OF APPLICATION FILED BY THE PETITIONER UNDER CLAUSE 6 OF THE KLUO, 1967 ALONG WITH RECEIPT DATED 9.2.2016.

Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE DATABANK PREPARED FOR ALUVA WEST VILLAGE. Exhibit P4 TRUE COPY OF THE FORM A APPLICATION SUBMITTED BY THE PETITIONER UNDER S.6A OF THE KERALA LAND TAX ACT, 1961 DATED 29.3.2022.

RESPONDENTS' EXHIBITS: NIL