Kerala High Court
The Asoka Tile Works Pvt.Ltd vs The Tahsildar (Lr) on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 24797 OF 2020
PETITIONER/S:
THE ASOKA TILE WORKS PVT.LTD
REPRESENTED BY ITS MANAGING DIRECTOR,
PAUL ALUKA, RESIDING AT ALUKA HOUSE,
CHILAVANNOOR ROAD, ELAMKULAM VILLAGE,
KADAVANTHRA P. O., ERNAKULAM - 682 020.
BY ADVS.
G.BHAGAVAT SINGH
N.K SUNDARESAN
RESPONDENT/S:
1 THE TAHSILDAR (LR)
MUKUNDAPURAM TALUK, MUKUNDAPURAM,
CHEMMANDA ROAD, IRINJALAKUDA,
KERALA - 680 125.
2 THE VILLAGE OFFICER,
THORAVU VILLAGE, PALLAM ROAD,
PUTHUKKAD, KERALA - 680 301.
*ADDL. THE REVENUE DIVISIONAL OFFICER
R3. THRISSUR.
*ADDITIONAL R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED 31.08.2022 IN
WP(C).
SRI. RENJITH S. - SPL. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.12.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24797 OF 2020
2
JUDGMENT
The petitioner has filed an application before the
Revenue Divisional Officer, the additional 3rd respondent to
change the classification of land comprised in Thoravu Village,
Thrissur district covered by Exts.P1 and P2 as dry land in the
revenue records. The additional 3rd respondent passed Ext.P4
order dated 13.10.2008 directing respondents 1 and 2 to
effect changes in the revenue records as dry land.
2. Pursuant to Ext.P4, when the petitioner approached
the village authorities for obtaining possession certificate, the
petitioner was informed by the 2 nd respondent, the Village
Officer that Ext.P4 cannot be acted upon and issued Ext.P5
certificate after recording the property as 'Nilam'.
Accordingly, the petitioner has approached this Court for
direction to implement Ext.P4 by making necessary
corrections in the revenue records.
WP(C) NO. 24797 OF 2020
3. A Counter Affidavit is filed by the 1 st respondent
contending that the original of Ext.P4 could not be traced in
the files of the revenue authorities.
4. It is stated that there was a vigilance enquiry
against the RDO who issued Ext.P4 and the petitioner, which
was subsequently dropped by the court of Enquiry
Commissioner and special judge, Thrissur on the basis of refer
report by the Vigilance and Anti-Corruption Bureau, Thrissur.
5. Today, when the matter came up for further
consideration, Sri.S.Renjith, the learned Special Government
Pleader produced the original of Ext.P4 which was available
with the files seized by the Vigilance during the course of the
investigation and returned recently. Since the authenticity of
Ext.P4 is not now disputed, there will be a direction to
respondents 1 and 2 to implement Ext.P4 subject to the
petitioner filing an application in Form-A under the Land Tax
Rules as contemplated under Section 6 A of the Land Tax Act.
6. The learned Government Pleader submits that, if an
WP(C) NO. 24797 OF 2020
application is made by the petitioner in Form-A, the
reassessment of land tax will be made within a period of one
month from the date of such application. This submission is
recorded.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-
WP(C) NO. 24797 OF 2020
APPENDIX OF WP(C) 24797/2020
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE ASSIGNMENT CERTIFICATE DATED
16.01.1976 OF SPECIAL MUNSIFF LAND TRIBUNAL,
THRISSUR, IN FAVOUR OF THE PETITIONER.
EXHIBIT P2 COPY OF THE LAND TAX RECEIPT DATED 08.07.2020
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 COPY OF THE DATA BANK ISSUED BY THE AGRICULTURAL
OFFICER, PUTHUKAD.
EXHIBIT P4 COPY OF THE ORDER NO.K-DIS. 14710 08/B2 DATED
13.10.2008 OF R.D.O. THRISSUR.
EXHIBIT P5 COPY OF THE POSSESSION CERTIFICATE DATED 2.11.2020
BEARING NO.665/2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6 COPY OF THE REFER REPORT DATED 30.5.2016 SUBMITTED
BY THE VIGILANCE BEFORE THE COURT OF ENQUIRY AND
SPECIAL JUDGE, THRISSUR.
EXHIBIT P7 COPY OF THE ORDER PASSED BY THE THRISSUR
VIGILANCE COURT DATED 19.5.2018 ACCEPTING THE
REFER REPORT SUBMITTED BY THE VIGILANCE.
RESPONDENT EXHIBITS
EXHIBIT R1(a) A TRUE COPY OF THE NOTICE DATED 04-07-2014 ISSUED
BY THE DISTRICT COLLECTOR.
EXHIBIT R1(b) A TRUE COPY OF THE STOP MEMO DATED 21-12-2017
ISSUED BY THE VILLAGE OFFICER.
