Jose K P vs District Collector
2023 Latest Caselaw 10473 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 4TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945
                        WP(C) NO. 15402 OF 2023
PETITIONER :

          JOSE K P.,
          AGED 56 YEARS,
          KALATHIPARAMBIL HOUSE, NEERIKOD PO,
          ERNAKULAM, PIN - 683 511

          BY ADVS.
          P.A.MOHAMMED ASLAM
          BINIYAMIN K.S.
          E.B.THAJUDDEEN
          SHAHIN BADUSHA
          M.RESHMA MENON
          SARATH SASI
          ABDUL SAMAD P.B.
          MUZAMMIL AMEEN K.


RESPONDENTS :

    1     DISTRICT COLLECTOR,
          CIVIL STATION, KAKKANAD, ERNAKULAM,
          PIN - 682 030

    2     THE REVENU DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE,
          K B JACOB ROAD, FORT KOCHI, KOCHI,
          PIN - 682 001

    3     THE TAHSILDAR (LR),
          PARAVUR TALUK TALUK OFFICE,
          NORTH PARAVOOR ERNAKULAM, PIN - 683 513

    4     THE VILLAGE OFFICER,
          ALANGAD VILLAGE OFFICE, THIRUVALOOR,
          ALANGAD ERNAKULAM, PIN - 683 511

          BY SMT.AMMINIKUTTY K., SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15402 OF 2023
                                     2


                    BECHU KURIAN THOMAS, J.
                   =-=-=-=-=-=-=-=-=-=-=-=-=-=
                     W.P.(C) No.15402 of 2023
                   =-=-=-=-=-=-=-=-=-=-=-=-=-=
                Dated this the 4th day of October, 2023


                               JUDGMENT

Petitioner is the owner of an extent of 11.25 Ares of land in Survey

Nos.158/5-1, 158/5-2, 158/4-1 and 158/4-2 of Alangad Village, Paravur

Taluk, Ernakulam District. According to the petitioner, he had submitted

an application under Clause 6(2) of the Kerala Land Utilisation Order,

1967 (for short, 'the KLU'), for using the property for purposes other than

cultivation as early as on 25.06.2017. Subsequently, when orders were

not issued on his application, he approached this Court and under specific

directions, the Revenue Divisional Officer finally issued Ext.P2 order dated

05.11.2019. While issuing the said order, certain conditions were

imposed which included that the petitioner shall not utilise the said order

for changing the nature of entries in the Basic Tax Register.

2. After obtaining Ext.P2 order under KLU, petitioner applied under

Form A of the Kerala Land Tax Act, 1961 for changing the classification of

the property. However, by communication dated 07.03.2023, it was

informed that the classification cannot be changed in view of condition

No.2 in Ext.P2 order.

3. By a judgment of today (04.10.2023) in W.P.(C) No.28363 of WP(C) NO. 15402 OF 2023

2023, this Court has already set aside condition No.2 in the KLU Order

dated 05.11.2019. Ext.P6 communication dated 07.03.2023 which is

impugned in this writ petition is based on condition No.2 in the KLU Order

dated 05.11.2019. Since this Court has already set aside the said

condition, the 3rd respondent is bound to consider the application filed by

the petitioner under Form A, afresh, without relying upon condition No.2

in the said order issued under the KLU.

4. Accordingly, there will be a direction to the 3 rd respondent to

consider and pass appropriate orders on the application filed by the

petitioner in Form 6A, as expeditiously as possible, at any rate, within a

period of thirty days from the date of receipt of a copy of this judgment.

The writ petition is allowed as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 15402 OF 2023

APPENDIX OF WP(C) 15402/2023

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 01.10.2021

Exhibit P2 TRUE COPY OF THROUGH ORDER NOK4-577/2018 DATED 05/11/2019 ISSUED BY 2ND RESPONDENT TO THE PETITIONER

Exhibit3 TRUE COPY OF FORM A APPLICATION UNDER SECTION 6A OF KERALA LAND TAX ACT ,1961 SUBMITTED BEFORE 3RD RESPONDENT BY THE PETITIONER

Exhibit P4 TRUE COPY OF RECEIPT EVIDENCING THE SUBMISSION OF SAID APPLICATION

Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED 24.03.2023 IN WP(C) NO. 10470/2023

Exhibit P6 TRUE COPY OF THE ORDER NO. D1-11974/2022 DATED 07.03.2023 ISSUED BY 3RD RESPONDENT

Exhibit P7 TRUE COPY OF THE SETTLED DECISION 2020(1) KHC 865 TAHASILDAR, THODUPUZHA TALUK AND ANOTHER V. RENJITH GOERGE

Exhibit P8 TRUE COPY OF THE SETTLED DECISION 2020 (3) KHC 411 FR.JOSE UPPANI AND OTHERS V.

DISTRICT COLLECTOR,ERNAKULAM AND OTHERS