Kerala High Court
Varghese P.Thomas vs The Revenue Divisional Officer on 25 September, 2024
W.P.(C) No.33179 of 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 33179 OF 2022
PETITIONER:
VARGHESE P.THOMAS
AGED 70 YEARS
S/O. YOHANNAN THOMAS, ARADHANA, 1426/35, THATTATHU
LANE, PALARIVATTOM P.O., ERNAKULAM- 682 025
BY ADVS.
RINNY STEPHEN CHAMAPARAMPIL
ASHA ELIZABETH MATHEW
ANJANA S.
ARCHANA RAMANAN
RESPONDENTS:
THE REVENUE DIVISIONAL OFFICER,
1 RDO OFFICE, PALIKARA ROAD, THIRUVALLA - 689 101
THE TAHASILDAR (LAND RECORDS),
TALUK OFFICE, THIRUVALLA FOURTH FLOOR, REVENUE TOWER,
2
REVENUE TOWER ROAD, THIRUVALLA- 689 101
THE VILLAGE OFFICER,
THE VILLAGE OFFICE, THIRUVALLA THIRD FLOOR, REVENUE
3
TOWER, REVENUE TOWER ROAD, THIRUVALLA-689 101
THE AGRICULTURAL OFFICER,
4 THE AGRICULTURAL OFFICE, THIRUVALLA - 689 101
S.RANJITH SPL.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.33179 of 2022 2
MOHAMMED NIAS C.P. J.
-------------------------------------
W.P.(C).No.33179 of 2022
---------------------------------
Dated this the 25th day of September 2024
JUDGMENT
The petitioner challenges Ext.P13 order passed by the 2nd
respondent-Tahsildar, rejecting Ext.P6 application filed by him in Form A
under Section 6 (3) of the Kerala Land Tax Act, 1961. Earlier, the
petitioner had obtained Ext.P3 order under Clause 6(2) of the Kerala
Land Utilization Order, 1967 permitting him to put up a house on the
basis that there was no paddy cultivation in the plot in question. On the
basis of Ext.P3, the petitioner applied under Form A for reassessment of
land as dry land in the revenue records by preferring Ext.P6 application.
Ext.P6 application was rejected which was challenged by the petitioner in
WPC No.12895/2022. By judgment dated 23/6/2022, this Court directed
the second respondent herein to reconsider Ext.P6 Form A application
submitted by the petitioner.
2. Pursuant to the above direction, Ext.P13 order has been passed
by the 2nd respondent on 14/9/2022 stating reasons which are beyond
the scope of consideration of Form A application under the provisions of
the Kerala Land Tax Act. However, it is admitted by the petitioner that
the petitioner's property is included in the data bank. Accordingly, the
petitioner had filed Ext.P10 application under Form 5 of the Kerala
Conservation of Paddy Land and Wet Land Act. It is submitted by both
sides that no orders have been passed on the Form 5 application
submitted by the petitioner so far.
3. In view of the above, there will be a direction to the first
respondent or the authorized officer to consider and pass appropriate
orders in the Form 5 application strictly in terms of the Paddy Act and
Rules after getting the necessary inputs prescribed in the Act and Rules.
4. As stated above, Ext.P13 impugned order cannot be sustained.
and the same is quashed. Based on the orders to be passed in the Form
5 application, it will be open to the petitioner to make an application
under Form A for the reassessment of land as dry land under the
provisions of the Kerala Land Tax Act,which shall be considered under
the provisions of the said Act and without reference to any findings in
the order impugned in this writ petition.
The writ Petition is allowed as above.
Sd/-
MOHAMMED NIAS C.P
Judge
dpk
APPENDIX OF WP(C) 33179/2022
PETITIONER EXHIBITS
TRUE COPY OF LAND TAX RECEIPT DATED
Exhibit P1 26/08/2019 ISSUED BY THE 3RD RESPONDENT.
TRUE COPY OF SALE DEED NO. 413/1994 DATED
Exhibit P2 07/02/1994 OF SRO, THIRUVALLA.
TRUE COPY OF KLU ORDER NO.B2-817/96 DATED
Exhibit P3 23/06/1997 ISSUED BY THE R.D.O., THIRUVALLA.
TRUE COPY OF COMMUNICATION DTD 27/11/2013
ISSUED BY SECRETARY THIRUVALLA MUNICIPALITY
Exhibit P4
TO THE PETITIONER.
TRUE COPY OF THE LETTER DATED 27/11/2013
GIVEN BY THE CHAIRPERSON OF THE THIRUVALLA
Exhibit P5 MUNICIPAL COUNCIL TO THE MINISTER FOR STATE,
LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA.
TRUE COPY OF THE FORM A APPLICATION SUBMITTED
Exhibit P6 BY THE PETITIONER BEFORE 1ST RESPONDENT.
TRUE COPY OF REPRESENTATION DATED 09/11/2020
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
Exhibit P7
RESPONDENT.
TRUE COPY OF THE JUDGMENT DATED 13/01/2021OF
Exhibit P8 THIS HON'BLE COURT IN WP(C)NO.853/2021.
TRUE COPY OF THE JUDGMENT DATED 19/03/2021 OF
Exhibit P9 THIS HON'BLE COURT IN WP(C)NO.6374/2021.
TRUE COPY OF THE FORM 5 APPLICATION DATED
21/06/2022 SUBMITTED BY PETITIONER BEFORE 1ST
Exhibit P10
RESPONDENT.
TRUE COPY OF THE NOTICE DATED 12/04/2021
Exhibit P11 ISSUED BY THE 1ST RESPONDENT
TRUE COPY OF THE JUDGMENT DATED 23/06/2022 OF
Exhibit P12 THIS HON'BLE COURT IN W.P.(C)NO.12895/2022
TRUE COPY OF THE ORDER DATED 14/09/2022
Exhibit P13 ISSUED BY THE 2ND RESPONDENT
RESPONDENT EXHIBITS
TRUE COPY OF PHOTOGRAGH OF THE PROPERTY
EXHIBIT R2(a)
TRUE COPY OF THE REPORT DATED 12-09-2022
EXHIBIT R2(b)
