Kerala High Court
K. Mohan Kumar vs District Collector on 10 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 19128 OF 2022
PETITIONER:
K. MOHAN KUMAR
AGED 64 YEARS
S/O BHASKARA MENON, RESIDING AT 'SRUTHI',
TOCH-H ROAD, VYTTILA, POONITHURA VILLAGE,
KANAYANNUR TALUK, KOCHI-682019.
BY ADVS.
SAJI VARGHESE KAKKATTUMATTATHIL
AMALENDU A.
RESPONDENTS:
1 DISTRICT COLLECTOR
ERNAKULAM DISTRICT, CIVIL STATION,
KAKKANAD, KOCHI - 682 030.
2 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI-682001.
3 TAHSILDAR, KANAYANNUR TALUK
TALUK OFFICE, ERNAKULAM KOCHI-682011.
4 CORPORATION OF COCHIN
REPRESENTED BY ITS SECRETARY, COCHIN- 682016.
BY ADV C.N.PRABHAKARAN
SYAMANTHAK B.S - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 19128 OF 2022
2
JUDGMENT
Dated this the 10th day of August, 2022
The petitioner, who is owner in possession and
enjoyment of 6.88 Ares of land together with a residential
building comprised in Survey Nos.897/17A and 901/6-15 of
Poonithura Village, has approached this Court seeking to
command the 3rd respondent to reclassify the nature of the
petitioner's land as Purayidam in the Revenue Records and to
reassess the land tax in the Tariff of 'Purayidam' instead of
'Nilam' as requested in Ext.P6. The petitioner also seeks to
command the 4th respondent to issue Occupancy Certificate
for the additional construction made as per Ext.P3 Building
Permit.
2. The petitioner states that the nature of the land
possessed by the petitioner was shown as "Nilam" in the
Basic Tax Register. The petitioner constructed a building in
WP(C) NO. 19128 OF 2022
the land after obtaining a valid Building Permit from the
4th respondent in the year 1997. The petitioner is residing in
the residential building.
3. The petitioner states that in the year 2004, the
petitioner obtained Building Permit for construction of the first
floor. The construction is over and the 4th respondent is not
issuing Occupancy Certificate for the additional construction
for the reason that the nature of land is 'Nilam' in Revenue
records.
4. The petitioner states that he has submitted Ext.P6
application before the Tahsildar, Kanayannur, for
reclassification of land and reassessment of tax. Ext.P6
application has not been considered so far. In the meanwhile,
even after the construction of the first floor of the building, the
4th respondent is not issuing Occupancy Certificate.
5. Government Pleader representing respondents 1 to
3 submitted that for reassessment of tax, the petitioner may
WP(C) NO. 19128 OF 2022
have to submit an application in Form-A under the Kerala
Land Tax Act, if insisted by the Tahsildar.
6. Standing Counsel representing the 4th respondent
submitted that the 4th respondent has not issued Occupancy
Certificate as the land has been described as "Paddy land" in
Revenue records. The 4th respondent, however, is ready to
consider the application in the light of the judgments of this
Court reported in Global Education Trust v. State of Kerala
[2020 (6) KLT 738] and Abdul Salam v. State of Kerala
[2021 (6) KLT 452].
In view of the facts as stated above, the writ petition is
disposed of directing the 3rd respondent to consider Ext.P6
application submitted by the petitioner in accordance with law
and pass appropriate orders thereon, within a period of two
months. In the meanwhile, the 4 th respondent shall consider
the application for Occupancy Certificate submitted by the
petitioner in the light of the law laid down by this Court in
WP(C) NO. 19128 OF 2022
Global Education Trust v. State of Kerala [2020 (6) KLT
738] and Abdul Salam v. State of Kerala [2021 (6) KLT 452]
and issue Occupancy Certificate to the petitioner, if the
petitioner is otherwise eligible.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) NO. 19128 OF 2022
APPENDIX OF WP(C) 19128/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE OCCUPANCY CERTIFICATE
ISSUED BY THE 4TH RESPONDENT DATED
19.12.1997.
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
08.04.2022 FOR THE BUILDING BEARING
NO.52/406.
Exhibit P3 TRUE COPY OF THE BUILDING PERMIT
NO.173/2004 DATED 12.04.2004 ISSUED
FROM THE VYTTILA OFFICE OF THE 4TH
RESPONDENT.
Exhibit P4 TRUE COPY OF THE RECEIPT OF THE
PROPERTY OWNED BY THE PETITIONER FOR
THE PERIOD 2022-2023 ISSUED FROM THE
VILLAGE OFFICE, POONITHURA DATED
08.04.2022.
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF
DATA BANK CONTAINING THE DETAILS OF
PETITIONER'S PROPERTY.
Exhibit P6 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER ON 21.05.2022, TO
THE 3RD RESPONDENT.
RESPONDENT'S/S EXHIBITS : NIL
