Abdul Jaleel.K.K vs State Of Kerala, Represented By The
2024 Latest Caselaw 27492 Ker

Kerala High Court

Abdul Jaleel.K.K vs State Of Kerala, Represented By The on 11 September, 2024

                                                              2024:KER:70019
WP(C).NO.27905/2024

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

   WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946

                           WP(C) NO. 27905 OF 2024

PETITIONER:
           ABDUL JALEEL.K.K, AGED 65 YEARS,
           S/O.KADER (LATE), KAVAL VALAPPIL HOUSE, MARATHAKUNNU,
           ENKAKKAD.P.O., WADAKKANCHERY, THRISSUR, PIN - 680589

            BY ADV. SRI. AVANEESH KOYIKKARA
RESPONDENTS:
     1     STATE OF KERALA, REPRESENTED BY THE
           SECRETARY, AGRICULTURE DEPARTMENT, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

     2      THE LAND REVENUE COMMISSIONER,
            COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE
            BUILDING, MUSEUM JN,THIRUVANANTHAPURAM, PIN - 695033.

     3      THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR,CIVIL
            STATION, KALAYAN NAGAR, AYYANTHOLE, THRISSUR, PIN -
            680003.

     4      THE REVENUE DIVISIONAL OFFICER,
            REVENUE DIVISIONAL OFFICE, THRISSUR,CIVIL STATION,
            KALAYAN NAGAR, AYYANTHOLE, THRISSUR, PIN - 680003.

     5      TAHSILDAR (LR), THALAPPILLY TALUK OFFICE,
            WADAKKANCHERY.P.O., THRISSUR, PIN - 680582.

     6      VILLAGE OFFICER,
            KUMARANELLUR VILLAGE OFFICE, WADAKKANCHERY .P.O.,
            THRISSUR, PIN - 680590.

            SMT.PREETHA K.K., SR.GP
     THIS   WRIT      PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                2024:KER:70019
WP(C).NO.27905/2024

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                          MOHAMMED NIAS C.P., J.
                    ==================================
                         W. P. (C) No. 27905 of 2024
                    ==================================
                  Dated this the 11th day of September, 2024

                                JUDGMENT

The petitioner, stated to be the owner of 2.42 ares of land comprised

in Block No. 052 in Survey No. 55/17 of Thalappilly Taluk in

Kumaranelloor Village in Thrissur District, has preferred Ext.P3 Form-A

application under Section 6A of the Kerala Land Tax Act, 1961 (for short, 'the

Act') for fixation of the rate of basic tax consequent to the change in user

of the property.

2. The learned counsel for the petitioner submits that no orders

have been passed on the said application so far. The learned Government

Pleader, on instructions, submits that the same is pending.

3. Under such circumstances, there will be a direction to the

5th respondent- Tahsildar (LR) to consider Ext.P3 application submitted by

the petitioner and after ascertaining the genuineness of Ext.P2 KLU Order

and also, after ascertaining the identity and extent of the property, pass 2024:KER:70019

appropriate orders on the same, strictly in terms of the Act, within two

months from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P., JUDGE

MMG 2024:KER:70019

APPENDIX OF WP(C).NO.27905/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 A COPY OF TAX RECEIPT DATED 06.07.2023 ISSUED FROM KUMARANELLUR VILLAGE OFFICE.

EXHIBIT P2 THE TRUE COPY OF THE PERMISSION UNDER THE KLU ORDER NO.KDIS--1593/96/D1 ISSUED BY THE 3RD RESPONDENT DATED 19.02.1996.

EXHIBIT P3 THE TRUE COPY OF THE FORM A APPLICATION FOR REASSESSMENT/FRESH ASSESSMENT OF LAND TAX ALONG WITH THE COVERING LETTER DATED 12.02.2024, SUBMITTED BEFORE THE 5TH RESPONDENT.

EXHIBIT P3(A) A COPY OF THE POSTAL ACKNOWLEDGMENT CARD OF EXT.P3.

EXHIBIT P4 A COPY OF THE JUDGMENT IN WPC NO.5040/2021 DATED 15.11.2021.