P.O. Hamsa vs The Tahasildar (L.R.)
2023 Latest Caselaw 6080 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
   FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                    WP(C) NO. 18760 OF 2023
PETITIONER:

         P.O. HAMSA, AGED 80 YEARS
         S/O. KOYASON, POKKAKKILATH HOUSE,
         CHOWALLUR DESAM, KANDANASSERY VILLAGE,
         THRISSUR, KERALA., PIN - 680102

         BY ADVS.
         M.R.DHANIL
         SENITTA P. JOJO


RESPONDENTS:

    1    THE TAHASILDAR (L.R.)
         KUNNAMKULAM TALUK OFFICE, KUNNAMKULAM,
         THRISSUR DISTRICT, KERALA., PIN - 680503
    2    THE VILLAGE OFFICER
         KANDANASSERY VILLAGE OFFICE,
         THRISSUR DISTRICT, KERALA., PIN - 680104


         ADV. SMT.AMMINIKUTTY-GP


     THIS WRIT PETITION       (CIVIL) HAVING COME UP        FOR
ADMISSION ON 09.06.2023,      THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.18760 of 2023

                               2


                           JUDGMENT

Dated this the 9th day of June, 2023

The petitioner, who is a senior citizen, is before this

Court seeking to direct the 1st respondent-Tahsildar (LR) to

consider and pass orders on Ext.P2, at the earliest or within a

time frame to be fixed by this Court.

2. The petitioner's Form-6 application seeking to

change the nature of his land in Revenue records, filed

invoking the provisions of the Kerala Conservation of Paddy

Land and Wetland Rules, 2008 submitted on 09.03.2022, was

allowed by the Revenue Divisional Officer on 26.05.2023 as

per Ext.P1. The petitioner has preferred Ext.P2 representation

along with a Form-A application, before the 1st respondent-

Tahsildar (LR) invoking Section 6(3) of the Kerala Land Tax

Act, 1961 seeking to take steps to reassess rate of Basic Tax.

3. It is necessary for the petitioner to get the

classification of his property to be changed in Revenue

records as purayidam, in order to obtain revenue certificates WP(C) No.18760 of 2023

by recording it as purayidam. The petitioner requires the

above documents to be produced before the Bank authorities,

at the earliest. The petitioner is aggrieved by the omission on

the part of the 1st respondent-Tahsildar (LR) in assessing the

rate of Basic Tax in respect of his land and effecting

necessary changes in the Basic Tax Register.

4. Government Pleader entered appearance on behalf

of the respondents and resisted the writ petition. The

Government Pleader denied all the averments made by the

petitioner in the writ petition.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. The petitioner owns 5.45 Ares of land in

Kandanassery Village of Thrissur District. The petitioner

wanted to use the land for non-agricultural purposes and

submitted application invoking the provisions of the Kerala

Conservation of Paddy Land and Wetland Rules, 2008. The

Revenue Divisional Officer considered the application, made WP(C) No.18760 of 2023

necessary enquiries and passed Ext.P1 order dated

26.05.2023 permitting the petitioner to change the nature of

the land. Thereafter, the petitioner has submitted Ext.P2

Form-A application seeking to fix the rate of basic tax in

respect of the petitioner's land. The said application is one

filed invoking Section 6(3) of the Kerala Land Tax Act, 1961.

Ext.P2, being a statutory application, it should be considered

by the Tahsildar and a decision taken thereon within a

reasonable time.

In the circumstances, the writ petition is disposed of

directing the 1st respondent-Tahsildar (LR) to consider Ext.P2

representation along with Form-A application filed by the

petitioner and take appropriate decision thereon, within a

period of three months.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.18760 of 2023

APPENDIX OF WP(C) 18760/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.

B3/1265/2022 DATED 26/05/2023 OF THE SUB COLLECTOR/ REVENUE DIVISIONAL OFFICER THRISSUR.

Exhibit P2        TRUE COPY OF THE REPRESENTATION ALONG
                  WITH    FORM   A  APPLICATION    DATED
                  06/06/2023.