Kerala High Court
Jamna Nizamudheen vs The Revenue Divisional Officer on 17 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
WP(C) NO. 8895 OF 2022
PETITIONER:
JAMNA NIZAMUDHEEN
AGED 56 YEARS
W/O NIZAMUDHEEN, THAZHEPEEDIKAYIL HOUSE,
THEVAKKAL, V K COLONY P O,
ERNAKULAM DISTRICT, PIN-682021.
BY ADV C.K.SHERIN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA P O,
ERNAKULAM DISTRICT, PIN-686669.
2 THE TAHSILDAR(LR)
KUNNATHUNADU TALUK, TALUK OFFICE, KUNNATHUNADU,
PERUMBAVUR-683542, ERNAKULAM DISTRICT.
3 THE VILLAGE OFFICER
KIZHAKKAMBALAM VILLAGE, VILLAGE OFFICE,
KIZHAKKAMBALAM, ERNAKULAM DISTRICT, PIN-683562.
SMT.PRINCY XAVIER, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8895 OF 2022
2
JUDGMENT
Dated this the 17th day of March, 2022
This writ petition is filed seeking the following prayers:
"(i) issue a writ of mandamus or other appropriate writ,
order or direction directing the 1st respondent to consider
and pass appropriate order on Exhibit P4 application filed
in form no:5 filed under Kerala Conservation of Paddy
Land and Wetland Act and Rules;
(ii) direct the 2nd respondent to consider and pass
appropriate order on Exhibit P2 application to reassess the
tax filed under section 6A of the Kerala Land Tax Act.
(iii) direct the 2nd respondent to effect changes in the basic
tax register taking note of the order passed by the 1st
respondent and also the consequential direction to the 3 rd
respondent to make additional entries in the basic tax
register.
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 is the owner in possession of 56.63 Ares of property in Re-
Survey Nos.354/5-1,355/3-1,355/1-11 and 355/2-1 of Kizhakkambalam
Village, Kunnathunad Taluk in Ernakulam District. It is submitted that
by Ext.P1, a permission under Clause 6(2) of the Kerala Land
WP(C) NO. 8895 OF 2022
Utilization Order had been granted in respect of the property to the
petitioner. It is submitted that thereafter, Ext.P2 application was
submitted by the petitioner under Section 6A of the Kerala Land Tax
Act on 17.02.2022. However, the petitioner is now informed that the
property is included in the data bank without considering Ext.P1 order
already granted to the petitioner on 27.02.2020. The petitioner has
therefore submitted Ext.P4 application in Form 5 for removal of the
property from the data bank and also seeks a consideration of the
request for alterations/additions in the Basic Tax Register by entering
the nature of the property as 'purayidom' on the strength of Ext.P1.
4. Having considered the contentions advanced, I am of the opinion
that the application submitted by the petitioner to delete the property
from the data bank as also to take appropriate steps under Section 6A of
the Kerala Land Tax Act on the strength of Ext.P1 are liable to be
considered in accordance with law. The inclusion of the property
covered by Ext.P1 in the data bank is unjustified since the property to
be included in the data bank is only cultivable paddy land.
5. There will, accordingly, be a direction to the 1st respondent to
WP(C) NO. 8895 OF 2022
consider Ext.P4 application (Form 5) in the light of Ext.P1 and to take
appropriate steps to remove the property from the data bank. Necessary
shall be done within a period of two months from the date of receipt of
a copy of this judgment. Thereafter, the 2nd respondent shall take up
Ext.P2 application and consider and pass appropriate orders, in
accordance with law, taking note of the judgments of this Court in
District Collector, Ernakulam and others v. Fr.Jose Uppani and
others [2020 (4) KLT 612] and in Ranjith M. @ Ranjith Moolassery
v. State of Kerala and others [2020 (5) KHC 313]. In case the
identity of the property is not disputed, the respondents shall take
appropriate steps to enter the nature of the property as 'purayidom' in
the Basic Tax Register. Appropriate steps shall be taken by the 3 rd
respondent within a period of two months thereafter.
This writ petition is ordered accordingly.
sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 8895 OF 2022
APPENDIX OF WP(C) 8895/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF ORDER DATED 27.02.2020 ISSUED BY
THE 1ST RESPONDENT UNDER CLAUSE 6(2) OF
KERALA LAND UTILISATION ORDER.
Exhibit P2 TRUE COPY OF THE APPLICATION DATED 17.02.2022
FILED BY THE PETITIONER UNDER SEC 6A OF
KERALA LAND TAX ACT ALONG WITH RECEIPT.
Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE DATA
BANK DATED 24.03.2012
Exhibit P4 TRUE COPY OF THE APPLICATION DATED 04.03.2022
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT.
Exhibit P5 TRUE COPY OF JUDGMENT IN WPC NO.6374 OF 2021
DATED 19.03.2021 PASSED BY THIS HON'BLE
COURT.
RESPONDENTS' EXHIBITS: NIL
