Kerala High Court
Jenson C.Paul vs The Village Officer, Chelamattom on 21 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 37874 OF 2017
PETITIONER:
JENSON C. PAUL
AGED 50 YEARS, S/O.LATE PAULOSE C.V., CHEPPALA, OKKAL,
CHALAMATTAM VILLAGE, KUNNATHUNADU TALUK, OKKAL P.O.,
ERNAKULAM DISTRICT.
BY ADVS.
SRI.S.SANAL KUMAR
SMT.BHAVANA VELAYUDHAN
SMT.T.J.SEEMA
RESPONDENTS:
1 THE VILLAGE OFFICER, CHELAMATTOM
ERNAKULAM DISTRICT - 683 550.
2 THE REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA, ERNAKULAM DISTRICT - 686 661.
3 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD, ERNAKULAM - 682 030.
BY ADV.
SRI. B.S. SYAMANTHAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 37874 OF 2017
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.37874 of 2017
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Dated this the 21st day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"i. Issue a writ of mandamus or any other
appropriate writ. order or direction directing the 1 st
respondent to carry out the reassessment of land tax
in respect of the property covered by Exhibit-P1 and
make correction in the Basic Tax Register relating to
the nature of the land as 'purayidam' or in the
alternative,
ii. Issue a writ of mandamus or any other
appropriate writ. order or direction directing the 2nd
respondent to regularize the reclamation done in
respect of the property prior to 14.08.2008 and
cause necessary corrections to be made in the Basic
Tax Register in respect of the property covered by
WP(C) NO. 37874 OF 2017
Exhibit-P1;
iii. Issue such other writ, order or direction which
this Honourable Court deems fit in the nature and
circumstances of the case." SIC
2. The main prayer in this writ petition is to
issue direction to the 1st respondent to carry out
reassessment of land tax in respect of the property
covered by Ext.P1 and make correction in the Basic
Tax Register relating to the nature of land as
'Purayidam'.
3. Heard the learned counsel appearing for the
petitioner and the learned Government Pleader.
4. I am of the considered opinion that, the
petitioner has got remedy as per the Kerala
Conservation of Paddy Land and Wet Land Act, 2008
WP(C) NO. 37874 OF 2017
for the reliefs prayed in this writ petition. The
petitioner is free to take appropriate steps, in
accordance with law, as per the Kerala Conservation of
Paddy Land and Wet Land Act.
Granting liberty to do the same, this writ petition
is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO. 37874 OF 2017
APPENDIX OF WP(C) 37874/2017
PETITIONER EXHIBITS
EXHIBIT P1- TRUE COPY OF SALE DEED NO.1737/2007
OF PERUMBAVOOR SRO DATED 26/02/2007.
EXHIBIT P2- TRUE COPY OF THE LOCATION
CERTIFICATE ISSUED BY THE VILLAGE
OFFICER, CHELAMATTOM DATED
22/02/2013.
EXHIBIT P3- TRUE COPY OF THE RELEVANT EXTRACTS
OF THE DATA BANK RELATING TO THE
DESCRIPTION OF THE LAND OF THE
PETITIONER IN SY.NO.67/2(OLD
SY.NO.527/12)
EXHIBIT P4- TRUE COPY OF THE TAX RECEIPT DATED
04/10/17 IN RESPECT OF THE
PETITIONER'S PROPERTY.
EXHIBIT P5- TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT DATED 10/11/17.
EXHIBIT P6- TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT DATED 10/11/17.
RESPONDENTS EXHIBITS :NIL
// TRUE COPY //
PA TO JUDGE
