Joji Mathew vs State Of Kerala
2022 Latest Caselaw 2505 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                         WP(C) NO.8196 OF 2021
PETITIONER :-

            JOJI MATHEW,
            27, ANSAL CITY, PUTHIYAKAVU,
            KUREEKKAD, PIN - 682 305.

            BY ADVS.
            K.P.SANTHI
            SMT.NISHA G.THARAMAL
            SMT.SARIMOL KAREETHARA


RESPONDENTS :-

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            REVENUE DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.

    2       THE DISTRICT COLLECTOR
            CIVIL STATION, KAKKANAD, KOCHI - 682 030.

    3       THE REVENUE DIVISIONAL OFFICER
            OFFICE OF THE REVENUE DIVISIONAL OFFICER,
            FORT KOCHI - 682 001.

    4       THE TAHSILDAR,
            KANAYANNUR TALUK, PARK AVENUE ROAD,
            ERNAKULAM - 682 011.

    5       THE LOCAL LEVEL MONITORING COMMITTEE
            KRISHI BHAVAN, CHOTTANIKKARA, KOCHI - 682 305
            REPRESENTED BY ITS CONVENER.

  ADDL.6    TAHSILDAR (LR),
            TALUK OFFICE, KANAYANNUR, ERNAKULAM.

            IS SUO MOTU IMPLEADED AS PER ORDER DATED 4.3.2022 IN
            W.P.(C) 8196/2021.

            BY SMT.VINITHA B, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.8196 OF 2021

                                  -: 2 :-


                             JUDGMENT

Dated this the 4th day of March, 2022

This writ petition is filed seeking the following reliefs :-

"i) Issue a writ of mandamus or such other writ, direction or order compelling the 4th respondent to consider Exhibit P5 application, affording opportunity of hearing to the petitioner, within a time frame to be fixed by this Honourable Court.

ii) Declare that the status of land in BTR in respect of 88.20 Ares in R.S. No.65/1 of Kureekkad Village, Kanayannur Taluk, Ernakulam District is liable to be changed without insisting for payment under Section 27A of Act 28 of 2008."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioner that the petitioner and his wife are owners in

possession of 88.20 Ares of land in Re-survey No.65/1 of

Kureekkad Village in Kanayannur Taluk of Ernakulam District.

It is submitted that by Ext.P2 order, the petitioner had obtained

permission under Clause 6(2) of the Kerala Land Utilisation

Order (for short, 'the KLU Order') on 4.3.2006 in respect of the

property. It is stated that by Ext.P3, 5.02 Ares of land in Survey

Nos.65/1 and 65/8, which was included in the data bank was also WP(C) NO.8196 OF 2021

removed from the data bank. Thereafter, the petitioner had

submitted Exts.P4 and P5 representations seeking the

reassessment of basic tax and for alteration/addition in the Basic

Tax Register showing the nature of the property as 'purayidom'.

The learned counsel for the petitioner submits that the said

applications have not been considered.

4. The learned Government Pleader submits that only

certain representations have been filed by the petitioner and

that application under Form A is liable to be filed by the

petitioner.

5. Having considered the contentions advanced and in

view of the fact that Ext.P3 communication appears to have been

issued as early as on 18.7.2019 and the permission under the

KLU Order is said to have been granted in the year 2006,

Exts.P4 and P5 representations as well as the application in

Form A are liable to be considered in accordance with law.

In case the petitioner submits application in Form A

for the reassessment of tax in respect of the property covered by

Ext.P2 as also for alteration/inclusion in the Basic Tax Register

showing the property as 'purayidom', the same shall be

considered by the additionally impleaded 6th respondent, in WP(C) NO.8196 OF 2021

accordance with law, after considering all relevant aspects

including the nature and extent of the property and whether the

property is duly covered by orders under the KLU Order and has

been removed from the data bank. Orders shall be passed

within a period of two months from the date of receipt of a copy

of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/8.3.2022 WP(C) NO.8196 OF 2021

APPENDIX OF WP(C) 8196/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK IN RESPECT OF 88.20 ARES IN SURVEY NO.65/1 OF KUREEKAD VILLAGE.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS NO.LR(A)-1-

48467/05 DATED 4/3/2006 OF THE LAND REVENUE COMMISSIONER.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 18/7/2019 OF THE 5TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 30/9/2020 SUBMITTED TO THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 30/9/2020 SUBMITTED TO THE 4TH RESPONDENT.