Kerala High Court
Sunil Kumar P.G vs State Of Kerala on 16 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 3850 OF 2024
PETITIONER:
SUNIL KUMAR P.G.
AGED 55 YEARS
S/O. P.K. GOPINATHAN NAIR, SHANTHI NIVAS,
MANGANAM.P.O., VIJAYAPURAM VILLAGE, KOTTAYAM, PIN -
686018
BY ADV GIKKU JACOB
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER, REVENUE
TOWER, THIRUNAKKARA.P.O., KOTTAYAM,, PIN - 686001
3 VILLAGE OFFICER
VIJAYAPURAM VILLAGE, VADAVATHOOR P.O., KOTTAYAM, PIN -
686010
4 TAHSILDAR
TALUK OFFICE, KOTTAYAM, REVENUE TOWER, THIRUNAKKARA
P.O., KOTTAYAM, PIN - 686001
OTHER PRESENT:
SMT.R.DEVI SHRI, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.3850 of 2024
2
JUDGMENT
The description of the 4th respondent is suo motu
corrected as Tahasildar (LR).
2. The petitioner is the owner in possession of 17.35
Acres (42.870 cents) of property comprised in Survey
No.166/1 of Block No.23 of Vijayapuram Village, Kottayam
District obtained as per Ext.P1 sale deed. The petitioner
filed Ext.P9 Form A application under Section 6A of the
Kerala Land Tax Act before the 4 th respondent. The
grievance of the petitioner is that Ext.P9 application in Form
A is not so far considered by the 4 th respondent. The
petitioner has produced Ext.P8 judgment in R.P.No.58/2021
in W.P.(C) No.27496/2020 wherein this Court has observed
that the petitioner is free to utilise the land for any legal
purpose in accordance with law as though the petitioner is
not bound by the rigour of Section 27A of the Kerala
Conservation of Paddy land and Wetland Act, 2008. The
petitioner seeks an expeditious disposal of Ext.P9 Form A
application in the light of Ext.P8 judgment.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader for the respondents.
4. In the facts and circumstances of the case, there
will be a direction to the 4th respondent to consider Ext.P9
application in Form A, as expeditiously as possible, at any
rate, within a period of three months from the date of
receipt of a copy of this judgment. While considering Ext.P9,
the 4th respondent shall also take into consideration Ext.P8
judgment.
This writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
bng
APPENDIX OF WP(C) 3850/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED DATED
23.5.2006 OF ADDITIONAL S.R.O.,
KOTTAYAM EXECUTED IN THE NAME OF
PETITIONER
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF DATA
BANK WITH RESPECT TO VIJAYAPURAM
VILLAGE PERTAINING TO PETITIONER'S
PROPERTY
Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT
NO.KL05032604708/2020 DATED 13.7.2020
ISSUED TO THE PETITIONER FROM VILLAGE
OFFICE, VIJAYAPURAM
Exhibit P4 TRUE COPY OF THE BUILDING PERMIT NO.A2
- 2176/07 DATED 20.8.2007 ISSUED TO THE
PETITIONER BY SECRETARY, VIJAYAPURAM
GRAMA PANCHAYAT
Exhibit P5 TRUE COPY OF THE LETTER NO.B 2329/09
DATED 18.06.2009 ISSUED BY REVENUE
DIVISIONAL OFFICER, KOTTAYAM TO THE
SECRETARY, VIJAYAPURAM GRAMA PANCHAYATH
Exhibit P6 TRUE COPY OF THE APPLICATION DATED
12.10.2020 IN FORM 6, SUBMITTED BY
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P7 TRUE COPY OF THE APPLICATION UNDER RULE
4 (6) AND (7) DATED 12.10.2020
SUBMITTED BY PETITIONER BEFORE THE 4TH
RESPONDENT
Exhibit P7(a) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT
CARD FOR EXHIBIT-P7
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED
10.02.2021 IN R.P. NO.58 OF 2021 OF THE
HON'BLE HIGH COURT OF KERALA
Exhibit P9 TRUE COPY OF THE FORM A APPLICATION
DATED 25.01.2024 FOR REASSESSMENT OF
THE LAND SUBMITTED BY PETITIONER BEFORE
THE 4TH RESPONDENT
Exhibit P9(a) TRUE COPY OF THE POSTAL RECEIPT DATED
25.1.2024 FOR EXHIBIT-P9
