Rajan Mathew vs State Of Kerala
2023 Latest Caselaw 1705 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                  WP(C) NO. 41113 OF 2022
PETITIONER

         RAJAN MATHEW,AGED 57 YEARS
         S/O MATHEW THEKKEKARA, RESIDING AT THEKKEKARA
         HOUSE, NADUKANI POST, MALAYANKEEZHU, ERNAKULAM
         DISTRICT, PIN. 686 691.
         BY ADVS.
         S.JAMAL
         VINOD VALLIKAPPAN


RESPONDENTS

    1    STATE OF KERALA,
         REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
         GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, 695
         001.
    2    THE CHAIRMAN, KERALA STATE HOUSING BOARD,
         SANTHI NAGAR, THIRUVANANTHAPURAM,695 001.
    3    THE EXECUTIVE ENGINEER,
         KERALA STATE HOUSING BOARD, ERNAKULAM DIVISION,
         8TH FLOOR, HOUSING BOARD BUILDINGS, PANAMPILLY
         NAGAR, KOCHI. 682 036.
    4    THE REVENUE DIVISIONAL OFFICER,
         FORT KOCHI. 682 001.
    5    THE TAHASILDAR(LR) TALUK OFFICE,
         KANAYANNUR, 682 011.
    6    THE VILLAGE OFFICER, ELAMKULAM VILLAGE,
         ERNAKULUM, KOCHI 682 019.
    7    THE AGRICULTURAL OFFICER,
         KRISHI BHAVEN, VYTTILLA, KOCHI, KERALA 682019.
         BY ADV V.HARISH-SC


         SRI.APPU.P.S-GP
 WPC.41113/2022
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      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.02.2023,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC.41113/2022
                                        3




                          ANU SIVARAMAN, J.
                           --------------------
                        W.P.(C).41113 of 2022
                         -----------------------
                       Dated : 1st February, 2023

                                JUDGMENT

This writ petition is filed seeking the following reliefs :-

"A). to issue a writ in the nature of mandamus or any other appropriate writ, direction, or order commanding the 1 st respondent to direct the 5th respondent Tahasildar to make the necessary correction to the Basic Tax Records in respect of the land covered by Ext.P1 sale deed and classify the land as PURAYIDAM expeditiously.

B). to issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the 5 th respondent Tahasildar to make the necessary correction to the Basic Tax Record in respect of the land covered by Ext.P1 sale deed and classify the land as PURAYIDAM."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned counsel

appearing for the Kerala State Housing Board.

3. It is submitted by the learned counsel for the petitioner

that the petitioner purchased a plot of land measuring 395 square

meters from the 2nd respondent as plot No.6(01) of the Elamkulam

North Housing Accommodation Scheme. It is submitted that it was WPC.41113/2022

on the basis of an agreement entered into on 17.6.1995 that the

plot was alloted to the petitioner and that Ext.P1 document was

also executed on 6.11.2019. The petitioner was paying land tax in

respect of the property as well. The property was shown as paddy

land in the Basic Tax Register. It is submitted that since the

property was assigned land set apart for housing purposes under a

Town planning Scheme, the provisions of the Kerala Conservation

of Paddy Land and Wet Land Act will not be applicable to the said

property and that permissions under the said Act are not

necessary in such cases. It is submitted that a Division Bench of

this Court has considered the question in State of Kerala and

Others v. Binu Mathew Chacko and Others (2020 (6) KHC

717) and hence the petitioner is also entitled to the benefit of the

said judgment. It is submitted that the petitioner had thereafter

submitted an application in Form-A under Section 6 of the Land

Tax Act as evidenced by Ext.P5 and seeks consideration of the

same.

4. The learned Government Pleader would submit that

since the property in question is a part of the property which is

allotted for a specific Scheme under the Town Planning Scheme,

the request made by the petitioner is liable to be considered WPC.41113/2022

taking note of the judgment of the Division Bench relied on by the

petitioner.

5. A counter affidavit is placed on record by respondents 2

and 3 stating that the property in question was a part of a Housing

Scheme called Elamkulam North Housing Accommodation Scheme

and that the petitioner was allotted a plot to the said Scheme. It is

further submitted that the classification of land is to be corrected

in the revenue records since the property was converted long prior

to the enactment of Act 2008.

6. In view of the dictum laid down in Binu Mathew

Chacko's case supra, the application made by the petitioner as

evidenced by Ext.P5 is liable to be considered by the 5 th

respondent, without insisting on any orders under the 2008 Act.

7. Accordingly, there will be a direction to the 5 th

respondent to take up Ext.P5 application submitted by the

petitioner and consider and pass orders thereon, taking specific

note of the fact that the property of the petitioner is a part of a

property specifically covered by the Town Planning Scheme and

that it has been allotted to the petitioner by respondents 2 and 3

as a part of such Scheme. The principles laid down in Binu

Mathew Chacko's case supra, shall also be specifically noted by WPC.41113/2022

the 5th respondent while passing orders as directed above.

Appropriate orders shall be passed on Ext.P5 application within

two months from the date of receipt of a copy of this judgment. In

case the petitioner submits an application for a building permit,

same shall also be considered appropriately by the authority

concerned, in accordance with law, without insisting on any further

orders permitting change of user of land.

The writ petition is disposed of as above.

Sd/-

ANU SIVARAMAN Judge

Mrcs WPC.41113/2022

APPENDIX OF WP(C) 41113/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF SALE DEED DOCUMENT NUMBER 3658 OF 2019 OF SRO ERNAKULAM DATED 06-11-2019 .

Exhibit P2 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 26-04-2022.

Exhibit P3 THE TRUE COPY OF THE RELEVANT ENTRY IN THE DATA BANK OF THE KRISHI BHAVAN, VYTILLA, ELAMKULAM VILLAGE .

Exhibit P4 THE TRUE COPY OF THE APPLICATION SUBMITTED ONLINE ON 29-042022 BEFORE THE RDO FORT KOCHI AND THE RECEIPT ISSUED EVIDENCING ACCEPTANCE.

RESPONDENT EXHIBITS Exhibit R2(a) A true photocopy of the Award No. 1/87 dated, 10/3/1987 by the Special Tahsildar (LA) comprising the survey Nos 475/3-4 and 476/2-10 in which the Plot No. 6(1) allotted to the petitioner PETITIONER EXHIBITS Exhibit-P5 TRUE COPY OF THE REQUEST ALONG WITH THE APPLICATION AND THE RECEIPT DATED 25.1.2023.