Kerala High Court
Nizar K.M vs The Revenue Divisional Officer ... on 6 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:58705
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(C) NO. 40449 OF 2022
PETITIONER:
NIZAR K.M.,
AGED 46 YEARS
SON OF KADER MOIDEEN, RESIDING AT 301,
SAHYADRI COLONY, CHANDRA NAGAR P.O.,
MARUTHA ROAD VILLAGE, PALAKKAD TALUK,
PALAKKAD DISTRICT, PIN - 678001
BY ADVS.
SRI.P.M.ZIRAJ
SHRI.IRFAN ZIRAJ
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER (R.D.O.),
PALAKKAD, PALAKKAD DISTRICT, PIN - 678001
2 THE TAHASILDAR,
PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678001
3 THE ADDITIONAL TAHASILDAR (L.R.),
PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678001
4 THE VILLAGE OFFICER,
KANNADI-II VILLAGE, PALAKKAD DISTRICT, PIN - 680304
5 LOCAL LEVEL MONITORING COMMITTEE(LLMC),
KANNADI GRAMA PANCHAYATH, PALAKKAD DISTRICT,
REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHI BHAVAN,
KANNADI, PALAKKAD DISTRICT, PIN - 680304
6 AGRICULTURAL OFFICER,
KRISHI BHAVAN, KANNADI,
PALAKKAD DISTRICT, PIN - 680304
7 THE DISTRICT COLLECTOR,
CIVIL STATION, PALAKKAD,
PALAKKAD DISTRICT,, PIN - 678001
WP(C) NO. 40449 of 2022 2
2025:KER:58705
OTHER PRESENT:
SENIIOR GOVERNMENT PLEADER-SMT.PREETHA K.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 40449 of 2022 3
2025:KER:58705
Dated this the 6th day of August, 2025
JUDGMENT
The writ petition is filed, inter alia, to direct the
third respondent to consider and dispose of Exts. P11
and P12 applications, expeditiously.
2. The first petitioner is the owner in possession
of 23.48 Ares of land comprised in Survey No. 284/11 in
Kannadi-II Village, Palakkad District, covered under Ext.
P1 land tax receipt. By Ext. P6 order, the first
respondent had permitted the petitioner to use the
property for non-agricultural purposes under Clause 6A
of the Kerala Land Utilisation ('KLU', for short) Order,
1967. In view of the Ext. P6 order, the petitioner has
submitted Exts. P11 and P12 applications under Section
6A of the Kerala Land Tax Act to remove the remarks in
the revenue records and reassess the tax. By Ext. P14
order, the petitioner has been informed that, in view of
the legal advice, the application cannot be allowed. Ext.
2025:KER:58705
P14 order is illegal and arbitrary. Hence, the writ
petition.
3. In the statement filed by the second
respondent, it is stated that, as per the revenue records,
the applied property was recorded as 'Purayidam' with
the remark 'Pond'. The said property was included in the
data bank. Based on the directions of this Court in WP(C)
No. 9557/2015, the property was excluded from the data
bank. Later, the petitioner had submitted an application
to use the property for non-agricultural purposes. As per
proceedings No. A-1010/15 dated 16.01.2016, the first
respondent has ordered to change the classification of
the land in the revenue records as 'Purayidam'. While
considering the applications, the District Law Officer had
given a legal opinion that the applications cannot be
allowed. Hence, the writ petition may be dismissed.
4. Heard; the learned Senior Counsel appearing
for the petitioner, the learned Senior Government
Pleader.
2025:KER:58705
5. On a consideration of the facts and the
materials on record, especially that no orders have been
passed on Exts. P11 and P12 applications, even though
they have been filed as early as on 15.02.2016 and
13.06.2022, respectively, without expressing anything on
the merits of the applications, I dispose of the writ
petition by directing the third respondent to
independently consider and dispose of Exts. P11 and P12
applications, in accordance with the law, and as
expeditiously as possible, at any rate, within 60 days
from the date of the production of a copy of this
judgment, after affording the petitioner an opportunity of
being heard.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
mtk/06.05.25
2025:KER:58705
APPENDIX OF WP(C) 40449/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 12.1.2021
ISSUED BY THE FOURTH RESPONDENT
EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE SIXTH RESPONDENT
BEING THE CONVENER OF FIFTH RESPONDENT DATED
27.2.2015
EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT DATED 1.4.2015 IN WPC NO.9557 OF 2015
EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE FOURTH RESPONDENT IN
CONNECTION WITH THE PROPERTY OF PETITIONER
DURING THE YEAR 2015 DATED 10.3.2015
EXHIBIT P5 TRUE COPY OF THE RESOLUTION OF THE FIFTH
RESPONDENT DATED 3.7.2015 ISSUED BY THE
SIXTH RESPONDENT ON BEHALF OF FIFTH
RESPONDENT
EXHIBIT P6 TRUE COPY OF THE ORDER OF THE FIRST
RESPONDENT DATED 16.1.2016
EXHIBIT P7 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 11.02.2016 ISSUED BY THE FOURTH
RESPONDENT
EXHIBIT P8 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 15.03.2016 IN CONNECTION WITH THE
PROPERTY OF PETITIONER
EXHIBIT P9 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 21.1.2021 REGARDING THE PROPERTY OF
PETITIONER
EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGES OF BASIC TAX
REGISTER ISSUED BY THE FOURTH RESPONDENT
DATED 21.6.2022
EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED
15.02.2016 SUBMITTED BY THE PETITIONER
BEFORE THE THIRD RESPONDENT
EXHIBIT P12 TRUE COPY OF THE APPLICATION DATED
13.06.2022 ALONG WITH THE APPLICATION UNDER
SECTION 6A OF THE KERALA LAND TAX ACT
SUBMITTED BY THE PETITIONER BEFORE THE
FOURTH RESPONDENT
EXHIBIT P13 TRUE COPY OF THE NOTICE ISSUED BY THE
SEVENTH RESPONDENT DATED 28.10.2022
EXHIBIT P14 TRUE COPY OF THE ORDER DATED 1.11.2022
ISSUED BY THE SECOND RESPONDENT
