Citation : 2022 Latest Caselaw 7762 Ker
Judgement Date : 28 June, 2022
WP(C) No.22690/2020 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Tuesday, the 28th day of June 2022 / 7th Ashadha, 1944
WP(C) NO. 22690 OF 2020(I)
PETITIONER:
A.P. ANANDAN, AGED 43 YEARS S/O. PURUSHOTHAMAN, ANJILIKKATTUTHARA
HOUSE, PATTANAKKAD POST, ALAPPUZHA DISTRICT 688 531.
RESPONDENTS:
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 ASUMPTION
CHURCH, COLLECTORATE POST, KOTTAYAM DISTRICT 686 002.
4. THE REVENUE DIVISIONAL OFFICER, KOTTAYAM , REVENUE DIVISIONAL
OFFICE, MINI CIVIL STATION, NEAR RAMAVARMA CLUB, KOTTAYAM POST,
KOTTAYAM DISTRICT 686 001.
5. TAHSILDAR, VAIKOM, VAIKOM TALUK OFFICE, FIRST FLOOR MINI CIVIL
STATION, W GATE ROAD, VAIKOM POST, KOTTAYAM DISTRICT 686 141.
6. VILLAGE OFFICER, VADAYAR, VADAYAR VILLAGE OFFICE, SH 15,
THALAYOLAPARAMBU, VADAYAT POST KOTTAYAM DISTRICT 686 605.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an interim order directing 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 persoanlly or though authorised representative/counsel,
pending dispsoal of the above Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. AVANEESH KOYIKKARA Advocates for the petitioners the court passed the
following:
WP(C) No.22690/2020 2/3
ORDER
Counsel for the petitioner submitted that in the light of Exhibit P6, the point raised in this Writ Petition is covered in favour of the petitioner.
Government Pleader will get instructions.
Post on 07-07-2022.
Sd/- P.V.KUNHIKRISHNAN JUDGE
28-06-2022 /True Copy/ Assistant Registrar
WP(C) No.22690/2020 3/3
APPENDIX OF WP(C) 22690/2020
EXHIBIT P3 THE TRUE COPY OF THE APPLICATION DATED 04/12/2019,
APPLICATION FOR RE ASSESSMENT/ FRESH ASSESSMENT OF LAND TAX BEFORE THE 5TH RESPONDENT ON 13/12/2019. Exhibit P6 A COPY OF THE JUDGMENT IN WPC NO.27567/2020 DATED 13-12-2021.
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