Citation : 2025 Latest Caselaw 9663 Ker
Judgement Date : 14 October, 2025
W.P.(C).No.30105 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947
WP(C) NO. 30105 OF 2025
PETITIONER:
K RAVIKUMAR
AGED 56 YEARS
S/O. LATE KRISHNAN, RADHIKA NIVAS, SREERAM STREET,
MUTHANTHARA, VADAKANTHARA P.O, PALAKKAD DISTRICT,
PIN - 678012
BY ADVS.
SHRI.JACOB SEBASTIAN
SMT.SHAMSEERA. C.ASHRAF
SHRI.WINSTON K.V
SMT.ANU JACOB
SMT.ANJANA KRISHNAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, PALAKKAD
REVENUE DIVISIONAL OFFICE, VIDYUT NAGAR,
PARAKKUNNAM, PALAKKAD DISTRICT, PIN - 678001
2 THE TAHSILDAR (LAND RECORDS)
TALUK OFFICE, CIVIL STATION, PALAKKAD DISTRICT, PIN
- 678001
3 THE VILLAGE OFFICER
PALAKKAD-I VILLAGE OFFICE, MARKET ROAD,
VADAKKANTHARA P.O, PALAKKAD DISTRICT, PIN - 678001
OTHER PRESENT:
GP SMT JESSY S SALIM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.30105 of 2025
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P.V.KUNHIKRISHNAN
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W.P.(C).No.30105 of 2025
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Dated this the 14th day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:-
"I. Declare that the petitioner is entitled to reassessment of his plot as contemplated under 6A of the Kerala Land Tax Act;
II. Issue a writ in the nature of mandamus commanding respondents 2 and 3 to reassess and change the entry regarding the petitioner's plot, 0.1619 hectors (about 40 cents) comprised in Block No. 144, Resurvey No. 16 of Palakkad-I Village, Palakkad Taluk & Palakkad District in the Basic Tax Register as garden land;
III. Declare that inasmuch as the petitioner's plot was converted prior to the coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, he could also seek change of records of BTR in respect of the subject property without making any application as envisaged under section 27C of the Kerala Conservation of Paddy Land and Wet Land Act, 2008; IV. Issue a writ in the nature of mandamus commanding the second respondent to pass orders on Exhibit-P4 application on merits without the petitioner being directed to make any application in terms of section 27A(3) of the Kerala Conservation of Paddy
2025:KER:76252
Land and Wet Land Act, 2008;
V. To dispense with the production of the English translation of the documents in vernacular language; and VI. Issue such other writ, order or direction as this Hon'ble court deems fit and proper in the
circumstances of the case." (SIC)
2. As evident by Ext.P1, the predecessor of the
petitioner obtained Ext.P1 order in accordance to the Kerala
Land Utilisation Order. The petitioner obtained 40 cents of land
out of it as evident by Ext.P2 document. According to the
petitioner, as per Ext.P3, the land covered by Ext.P1 is deleted
from the databank. Thereafter, the petitioner submitted Ext.P4
- Form A application in accordance to Section 6A of the Kerala
Land Tax Act. The grievance of the petitioner is that, the same
is not considered. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and the
learned Government Pleader.
4. After hearing both sides, I think there can be a
direction to the 2nd respondent to consider Ext.P4 within a time
frame.
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Therefore, this Writ Petition is disposed of with the
following directions:
a) The 2nd respondent is directed to consider and
pass appropriate orders in Ext.P4, as
expeditiously as possible, at any rate, within two
months from the date of receipt of a certified
copy of this judgment.
b) Before passing final orders, the 2nd
respondent will verify the veracity of Ext.P1
order.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
Date of Judgment 14/10/25
Judgment dictated 14/10/25
Draft Judgment placed 14/10/25
Final Judgment uploaded 15/10/25
2025:KER:76252
APPENDIX OF WP(C) 30105/2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE KLU ORDER NO.
D.DIS.M.490A/01 DATED 03.03.2006 ISSUED BY THE FIRST RESPONDENT IN THE NAME OF K.A. AJEEM, W/O. LATE KADER SHA.
Exhibit-P2 A TRUE COPY OF THE REGISTERED SALE DEED NUMBER 7750/2006 DATED 30.11.2006 OF THE SRO, PALAKKAD.
Exhibit-P3 A TRUE OF THE ORDER NO. 909/2025 DATED 20.02.2025 ISSUED BY FIRST RESPONDENT. Exhibit-P4 ). A TRUE COPY OF THE APPLICATION DATED 05.08.2025 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT ALONG WITH RECEIPT ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT DATED 06.08.2025. Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 25.06.2018 IN W.P.(C) NO.16536/2018 OF THIS HON'BLE COURT.
Exhibit-P6 A TRUE COPY OF THE JUDGMENT DATED 16.12.2020 IN W.P.(C) NO.26007/2020 OF THIS HON'BLE COURT.
Exhibit-P7 A TRUE COPY OF THE ORDER DATED 06.02.2025 IN R.P NO. 1093/2024 IN W.A NO. 1061/2023 AND CONNECTED CASES OF THIS HON'BLE COURT.
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