Kerala High Court
Baby Builders Private Limited vs The District Collector, Ernakulam on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 16356 OF 2024
PETITIONER:
BABY BUILDERS PRIVATE LIMITED
REGISTERED OFFICE AT XL VII- 1986, KADAKKETH PARAYIL,
RNRA 169, KAVAL JUNCTION, THANGASSERY
THIRUMULLAVARAM.P.O., KOLLAM REPRESENTED BY ITS
DIRECTOR, JACOB KALLUVILA BABU, S/O. K.C.BABU, PIN -
691012.
BY ADVS.
M.SASINDRAN
P.K.SUBHASH
RESPONDENTS:
1 THE DISTRICT COLLECTOR, ERNAKULAM
COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030.
2 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI
FIRST FLOOR, KB JACOB ROAD, FORT KOCHI, KOCHI, PIN -
682001.
3 THE TAHSILDAR, KANAYANNUR TALUK
KANAYANNUR, PARK AVE, NEAR SUBHASH PARK, MARINE DRIVE,
KOCHI, PIN - 682011.
4 THE VILLAGE OFFICER
VAZHAKKALA VILLAGE OFFICE VAZHAKKALA, ERNAKULAM
DISTRICT, PIN - 682021.
5 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF
REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
SMT.DEEPA V, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16356 OF 2024 2
JUDGMENT
Dated this the 23rd day of April, 2024
The petitioner is the absolute owner and in possession of
landed properties covered by Exts.P1 to P3. By Exts.P4 and P5,
the 1st respondent - District Collector ordered conversion of the
lands including the properties covered by Exts.P1 to P3. It is
submitted that the 3rd respondent is bound to reassess the land
tax based on the status of the land as ordered in Exts.P4 and P5.
The petitioner has filed Exts.P6 to P8 applications before the 3 rd
respondent for incorporating necessary changes in the records as
per Exts.P4 and P5 and also to make assessment of the basic
tax.
2. Heard.
3. It is evident that Exts.P6 to P8 are applications for
incorparating necessary changes in the records made in Form -
A and are pending before the 3rd respondent. Therefore, it is
necessary that the competent authority considers Exts.P6 to P8
in accordance with law, within a reasonable time.
The writ petition is therefore disposed of directing the 3rd
respondent - Tahsildar to consider Exts.P6 to P8 applications
submitted by the petitioner and take appropriate decision thereon,
within a period of one month, in accordance with law and after
giving opportunity of hearing to the affected parties.
Sd/-
N.NAGARESH
JUDGE
Sru
APPENDIX OF WP(C) 16356/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE DEED NO.736 OF 2009
DATED 23-04-2009 OF S.R.O. THIRKAKKARA.
Exhibit P2 A TRUE COPY OF THE SALE DEED DATED 13-10-2008
NO.3054/2008 OF SRO THRIKKAKKARA.
Exhibit P3 A TRUE COPY OF THE SALE DEED NO.1766/09 DATED
28-10-2009 OF S.R.O. THRIKAKKARA.
Exhibit P4 A TRUE COPY OF THE ORDER
NO.L5-60763/07/K.DIS. DATED 12-11-2007 OF THE
DISTRICT COLLECTOR, ERNAKULAM.
Exhibit P5 A TRUE COPY OF THE ORDER NO.
L5-60762/07/K.DIS DATED 12-11-2007 ISSUED BY
THE DISTRICT COLLECTOR, ERNAKULAM.
Exhibit P6 A TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER DATED 04.03.2024 UNDER SECTION 6 A
OF THE KERALA LAND TAX ACT ALONG WITH FORM A
IN RESPECT OF THE PROPERTY COVERED BY EXHIBIT
P1, BEFORE THE 3RD RESPONDENT.
Exhibit P7 A TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER DATED 04.03.2024 UNDER SECTION 6 A
OF THE KERALA LAND TAX ACT ALONG WITH FORM A
IN RESPECT OF THE PROPERTY COVERED BY EXHIBIT
P2 BEFORE THE 3RD RESPONDENT.
Exhibit P8 A TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER DATED 04.03.2024 UNDER SECTION 6 A
OF THE KERALA LAND TAX ACT ALONG WITH FORM A
IN RESPECT OF THE PROPERTY COVERED BY EXHIBIT
P3 BEFORE THE 3RD RESPONDENT.
Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 22.12.2022
IN W.P.(C).NO.40862/2022 OF THIS HON'BLE
COURT.
Exhibit P10 A TRUE COPY OF THE PROCEEDINGS OF THE 2ND
RESPONDENT RDO DATED 23.02.2024.
Exhibit P11 A TRUE COPY OF THE EXTRACT OF THE VALIDATION
OF AGRICULTURAL DATA BANK USING REMOTE
SENSING & GIS TECHNOLOGY ISSUED BY KERALA
STATE REMOTE SENSING & ENVIRONMENT CENTRE
(KSREC) ISSUED BY THE AGRICULTURAL OFFICER
UNDER THE R.T.I. ACT.
