Kerala High Court
A.P. Anandan vs State Of Kerala on 7 July, 2022
WP(C) NO. 22690 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 22690 OF 2020
PETITIONER/S:
A.P. ANANDAN,
AGED 43 YEARS
S/O. PURUSHOTHANAM, ANJILIKKATTUTHARA HOUSE,
PATTANAKKAD POST, ALAPPUZHA DISTRICT 688 531.
BY ADV AVANEESH KOYIKKARA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE LAND REVENUE COMMISSIONER,
COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE,
BUILDING, MUSEUM JN.
THIRUVANANTHAPURAM 695 033.
3 THE DISTRICT COLLECTOR,
KOTTAYAM, CIVIL STATION, OPPO. CSI ASUMTION CHURCH,
COLLECTORATE POST, KOTTAYAM DISTRICT 686 002.
4 THE REVENUE DIVISIONAL OFFICER,
KOTTAYAM , REVENUE DIVISIONAL OFFICE, MINI CIVIL
STATION, NEAR RAMAVARMA CLUB, KOTTAYAM POT, KOTTAYAM
DISTRICT 686 001.
5 TAHSILDAR,
VAIKOM, VAIKOM TALUK OFFICE, FIRST FLOOR MINI CIVIL
STATION, W GATE ROAD, VAIKOM POST, KOTTAYAM DISTRICT
686 141.
WP(C) NO. 22690 OF 2020 2
6 VILLAGE OFFICER,
VADAYAR, VADAYAR VILLAGE OFFICE, SH 15,
THALAYOLAPARAMBU, VADAYAT POST KOTTAYAM DISTRICT 686
605.
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 22690 OF 2020 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C) No.22690 of 2020
--------------------------------------
Dated this the 7th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"i. To issue a Writ of certiorari or any other appropriate writ
or order or direction, quashing Exhibit P2 to the extent to which
the petitioner to comply with the conditions of Section 27A of
the Kerala Conservation of Paddy Land and Wetland Act, 2008
incorporated by the Amendment Act, 2018 for changing the
description of land in revenue records or for getting Building
Permit.
ii. To issue a Writ of mandamus or any other appropriate
writ or order or direction commanding the 5th respondent to
consider and pass orders on Exhibit P3, the application filed u/s
6A of the Kerala Land Tax Act, 1961, by re assessment /fresh
assessment against the classification of Garden land/Residential
Plot, within a time frame without insisting for the compliance of
Section 27A of the Kerala Conservation of Paddy Land and
Wetland Act, 2008 incorporated by the Amendment Act, 2018
after giving a reasonable opportunity of being heard to the
petitioner personally or through authorized representative/
counsel.
iii. To issue a Writ of mandamus or any other appropriate
writ or order or direction commanding the 6th respondent to
effect the order of 5th respondent in the Revenue Records by
making the additions in BTR and changing the description of
land in Thandapper Account within a time frame.
iv. To issue a writ of mandamus or any other appropriate
writ, order or direction, commanding the respondents to
communicate the order, steps taken to dispose of Ext.P3 and
issue copy of the documents leading to the order without any
delay.
v. And to pass such other appropriate orders or directions as
this Hon'ble Court deems fit and proper in the facts and
circumstances of the case." [SIC]
2. The property covered in Ext.P3 belongs to the
petitioner. The petitioner submitted an application in the
prescribed format before the 5th respondent for re-
assessment/fresh assessment of land tax against the
classification of garden land/residential plot in the basic tax
register. A condition was imposed in Ext.P2 order that for
effecting the change of nature of land recorded in Basic Tax
Register or for issuance of building permit, the petitioner shall
comply with the provisions in Sec.27A of the Kerala
Conservation of Paddy Land and Wetland Act, 2008 (for short
"the Act, 2008") introduced as per the Kerala Conservation of
Paddy Land and Wetland (Amendment) Act, 2018. The effect of
the condition is to remit 25% of fees mentioned in schedule for
making changes in revenue records, if the owner can produce
orders under the Kerala Land Utilization Order. The counsel
submitted that this point is considered by this Court in detail in
Ext.P6 judgment and found that in such situation, Sec.27A of
the Act, 2008 is not applicable.
3. Heard the learned counsel for the petitioner and the
learned Government Pleader.
4. This Court perused Ext.P6 judgment. A perusal of
Ext.P6 judgment will show that the point raised by the
petitioner is covered in favour of the petitioner. Therefore, this
writ petition is to be allowed.
Therefore, this writ petition is allowed in the following
manner :
1) Ext.P2 to the extent to which it directs the petitioner
to comply with the conditions of Sec.27A of the Act, 2008
incorporated by the Amendment Act, 2018 for changing
the description of the land in the revenue records for
getting the building permit is quashed.
2) The 5th respondent will consider Ext.P3 and pass
appropriate orders in it, as expeditiously as possible, at any
rate, within one month from the date of receipt of a copy of
this judgment.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 22690/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE APPLICATION FIELD
DATED 14/01/2017 UNDER THE KLU ORDER
BEFORE 3RD RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE PERMISSION UNDER THE
KLU ORDER ISSUED BY THE 4TH RESPONDENT
DATED 03/12/2018.
EXHIBIT P3 THE TRUE COPY OF THE APPLICATION DATED
0/12/2019, APPLICATION FOR RE ASSESSMENT/
FRESH ASSESSMENT OF LAND TAX BEFORE THE
5TH RESPONDENT ON 13/12/2019.
EXHIBIT P4 A COPY OF THE ACKNOWLEDGMENT CARD.
Exhibit P5 A COPY OF THE TAX RECEIPT DATED 27-07-2016
ISSUED FROM VADAYAR VILLAGE OFFICE.
Exhibit P6 A COPY OF THE JUDGMENT IN WPC
NO.27567/2020 DATED 13-12-2021.
