A.Ramachandran Nair vs The District Collector
2025 Latest Caselaw 1837 Ker

Kerala High Court

A.Ramachandran Nair vs The District Collector on 1 August, 2025

Author: C.S.Dias

Bench: C.S.Dias

WP(C) NO. 7151 OF 2025       1

                                                    2025:KER:57464

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

               THE HONOURABLE MR.JUSTICE C.S.DIAS

    FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947

                     WP(C) NO. 7151 OF 2025

PETITIONERS:

    1     A.RAMACHANDRAN NAIR.,
          AGED 78 YEARS
          S/O.ACHUTHAN NAIR, RESIDING AT PLOT NO.67 (HB),
          PANAMPILLY NAGAR, KOCHI, PIN - 682036

    2     MAYA RAMACHANDRAN NAIR,
          AGED 67 YEARS
          W/O.A.RAMACHANDRAN NAIR, RESIDING AT PLOT NO.67 (HB),
          PANAMPILLY NAGAR, KOCHI, PIN - 682036


          BY ADVS.SHRI.SHIBU JOSEPH
          SHRI. SAYED MANSOOR BAFAKHY THANGAL
          SMT.HAIRA
          SHRI.SARATH VISWANATHAN


RESPONDENTS:
     1    THE DISTRICT COLLECTOR,
          COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030
     2    THE TAHSILDAR(L.R).,
          ALUVA TALUK, GROUND FLOOR, MINI CIVIL STATION,
          CIVIL STATION ROAD, PERIYAR NAGAR, ALUVA, ERNAKULAM,
          PIN - 683101
     3    THE REVENUE DIVISIONAL OFFICER,
          FIRST FLOOR, K.B.JACOB ROAD, FORT KOCHI,
          ERNAKULAM DISTRICT, PIN - 682001
     4    THE VILLAGE OFFICER,
          CHENGAMANAD VILLAGE, DESOM P,O., ALUVA, PIN - 683101

          BY SMT.PREETHA K K, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
01.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7151 OF 2025              2

                                                           2025:KER:57464

                               JUDGMENT

Dated this the 01st day of August, 2025

The writ petition is filed to quash Exts.P9 and P13

orders passed by the respondents 2 and 1, respectively and

direct the 2nd respondent to reconsider Ext.P5 application.

2. The petitioners are the co-owners in

possession of 60.22 Ares of land comprised in Re-survey

Nos.356/2, 356/3-3, 356/10, 356/18, 356/19 and 356/1-4 in

Block No.7 in Chengamand Village, Aluva Taluk, covered

under Exts.P1(a) to P1(g) sale deeds and Exts.P2 to P2(d)

land tax receipts. The petitioners' properties were

permitted to be used for non- agricultural purposes as per

Ext.P4 order passed by the 3rd respondent under Clause

6(2) of the Kerala Land Utilisation Order, 1967 ('KLUO', for

short). But, the respondents have erroneously classified

the land as 'paddy land' and included it in the data bank.

Based on the directions passed by this Court in Ext.P3

judgment, Ext.P4 order was passed. After the passing of

Ext.P4 order, the petitioners submitted Ext.P5 application

2025:KER:57464

under Section 6A of the Kerala Land Tax Act, 1961 to re-

assess the tax. However, by Ext.P9 order the 2 nd

respondent has rejected Ext.P5 application. Even though

the petitioners had preferred Ext.P10 appeal before the 1 st

respondent, the same was also dismissed by Ext.P13 order.

Exts.P9 and P13 are illegal and arbitrary and against the

settled proposition of law laid down by this Court. Hence,

Exts.P9 and P13 orders may be set aside and the 2 nd

respondent may be directed to reconsider Ext.P5

application.

3. In the statement filed by the 2nd respondent,

it is stated that since the petitioners' properties are

included in the data bank, they should take recourse to

Section 27A of the Kerala Conservation of Paddy Land and

Wetland Act, 2008. There is no illegality in Exts.P9 and

P13 orders.

4. Heard; the learned counsel for the petitioners

and the learned Senior Government Pleader.

2025:KER:57464

5. It is not in dispute that, by Ext.P4 order the

petitioners' application to use the properties for non-

agricultural purposes was allowed by the 3 rd respondent on

18.02.2021, based on Ext.P15 application submitted by the

petitioners as early as on 19.11.2010. The question of

applicability of the provisions of Section 27A of the Act is

no longer res-integra in view of the categoric declaration of

law by the Hon'ble Supreme Court in Tahsildar v. Renjith

George [2025 (1) KHC 271], wherein the Hon'ble Supreme

Court has held that Section 27A of the Act is not

retrospective in nature. Moreover, it is also held that if an

order under the KLU has been passed on an application

filed prior to 30.12.2017, then the provisions of the Act is

not applicable.

In light of the empathetic declaration of law in

Renjith George's case (supra) and the fact the petitioner

had preferred Ext.P15 application on 19.11.2010, which is

ultimately allowed by Ext.P4 order by the 3 rd respondent on

18.02.2021, I am of the definite view that Exts.P9 and P13

2025:KER:57464

orders are patently erroneous and unsustainable in law. In

the aforesaid circumstances, I allow the writ petition by

quashing Exts.P9 and P13 orders and by directing the 2 nd

respondent to reconsider Ext.P5 application, in accordance

with law and as expeditiously as possible, at any rate,

within 60 days from the date of production of a copy of this

judgment.

The writ petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE NAB

2025:KER:57464

APPENDIX OF WP(C) 7151/2025

PETITIONER EXHIBITS

EXHIBIT P1(a) THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.1745 OF 1984 OF CHENGAMANAD SUB REGISTRY EXHIBIT P1(b) THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.2133 OF 1984 OF CHENGAMANAD SUB REGISTRY EXHIBIT P1(c) THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.2623 OF 2002 OF CHENGAMANAD SUB REGISTRY EXHIBIT P1(d) THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.3367 OF 2002 OF CHENGAMANAD SUB REGISTRY EXHIBIT P1(e) THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.1492 OF 2003 OF CHENGAMANAD SUB REGISTRY EXHIBIT P1(f) THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.3919 OF 1993 OF CHENGAMANAD SUB REGISTRY EXHIBIT P1(g) THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.1792 OF 2004 OF CHENGAMANAD SUB REGISTRY EXHIBIT P2 THE TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT BEARING NO.KL07040111449/2023 DATED 03-11-2023, IN THANDAPER ACCOUNT NUMBER 3081 ISSUED BY THE VILLAGE OFFICER, CHENGAMANAD VILLAGE EXHIBIT P2(a) THE TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT BEARING NO.KL07040111451/2023 DATED 03-11-2023, IN THANDAPER ACCOUNT NUMBER 6225 ISSUED BY THE VILLAGE OFFICER, CHENGAMANAD VILLAGE EXHIBIT P2(b) THE TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT BEARING NO.KL07040111453/2023 DATED 03-11-2023, IN THANDAPER ACCOUNT NUMBER 7750 ISSUED BY THE VILLAGE OFFICER, CHENGAMANAD VILLAGE EXHIBIT P2(c) THE TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT BEARING NO.KL07040111454/2023 DATED 03-11-2023, IN THANDAPER ACCOUNT NUMBER 7794 ISSUED BY THE VILLAGE OFFICER, CHENGAMANAD VILLAGE EXHIBIT P2(d) THE TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT BEARING NO.KL07040111452/2023 DATED 03-11-2023, IN THANDAPER ACCOUNT NUMBER 6226 ISSUED BY THE VILLAGE OFFICER, CHENGAMANAD VILLAGE EXHIBIT P3 THE TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 27-10-2020 PASSED IN W.P.(C).NO.6533 OF 2017, ON THE FILES OF THIS HON'BLE COURT

2025:KER:57464

EXHIBIT P4 THE TRUE PHOTOSTAT COPY OF THE ORDER BEARING NO.K1-390/21 DATED 18-02-2021 BY THE 3RD RESPONDENT EXHIBIT P5 THE TRUE PHOTOSTAT COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS UNDER SECTION 6A OF THE KERALA LAND TAX ACT DATED 03-06- 2023 BEFORE THE 2ND RESPONDENT EXHIBIT P6 THE TRUE PHOTOSTAT COPY OF THE LETTER DATED 23-06-2023 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 THE TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 11-08-2023 IN W.P.(C).NO.26607 OF 2023 PASSED BY THIS HON'BLE COURT EXHIBIT P8 THE TRUE PHOTOSTAT COPY OF THE LETTER DATED 24-08-2023 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

EXHIBIT P9 THE TRUE PHOTOSTAT COPY OF THE ORDER BEARING NO.C8-2758/23 DATED 06-10-2023 PASSED BY THE 2ND RESPONDENT IN EXHIBIT P5 APPLICATION EXHIBIT P10 THE TRUE PHOTOSTAT COPY OF THE APPEAL DATED 04-11-2023 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT EXHIBIT P11 THE TRUE PHOTOSTAT COPY OF THE LETTER DATED 18-01-2024 ISSUED BY THE PETITIONERS TO THE 1ST RESPONDENT EXHIBIT P12 THE TRUE PHOTOSTAT COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C).NO. 10038 OF

EXHIBIT P13 THE TRUE PHOTOSTAT COPY OF THE ORDER DATED 01-01-2025 PASSED BY THE 1ST RESPONDENT IN EXHIBIT P10 APPEAL EXHIBIT P14 THE TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE DATA BANK PREPARED UNDER THE PROVISIONS OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008 EXHIBIT P15 A TRUE PHOTOSTAT COPY OF THE APPLICATION UNDER CLAUSE 6 OF THE KLU SUBMITTED BY US BEFORE THE 3RD RESPONDENT DATED 19-11-2010