Disposed

Nasar v. State of Kerala

Kerala HC2 Feb 2021WP(C)/1249/2021

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking a direction to the Tahsildar to update the Basic Tax Register based on a prior permission order allowing non-agricultural use of wet land. The court directed the 5th respondent to consider the application within six weeks after verifying land identity and hearing the petitioner.

What did the court decide?

Direction to the 5th respondent to consider and pass orders on the Ext.P2 application for BTR corrections within six weeks, after verifying land identity and hearing the petitioner.

Nasar Vs State of Kerala — Specific Performance | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

¶4

TUESDAY, THE 02ND DAY OF FEBRUARY 2021/13TH MAGHA,1942

¶5

WP(C).No.1249 OF 2021(E)

¶6

PETITIONER:

¶7

NASAR

¶8

AGED 50 YEARS, S/O IBRAHIM (LATE) PUTHENPARAMBIL HOUSE, MANJALI, PARAVUR, MANNAM P.O., ERNAKULAM DISTRICT, PIN-683520.

¶9

BY ADV. SRI.AVANEESH KOYIKKARA

¶10

RESPONDENTS:

¶11

1 STATE OF KERALA

¶12

REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶13

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

¶14

3 THE DISTRICT COLLECTOR

¶15

ERNAKULAM, CIVIL STATION, KAKKANAD POST, ERNAKULAM-682030.

¶16

4 THE REVENUE DIVISIONAL OFFICER FORT KOCHI, REVENUE DIVISIONAL OFFICE, KB JACOB ROAD, FORT KOCHI, KOCHI HEAD POST, ERNAKULAM-682001.

¶17

5 TAHSILDAR PARAVOOR, PARAVOOR TALUK OFFICE, 1ST FLOOR,SUBREGISTRAR OFFICE, POLICE STATION ROAD, PARAVOOR POST, ERNAKULAM DISTRICT, PIN-683513.

¶18

BY SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

W.P.(C).No.1249/2021 :: 2 ::

¶21

J U D G M E N T

¶22

The petitioner has preferred Ext.P2 application before the 5^th respondent for effecting consequential changes in the Basic Tax Register [BTR] in relation to his land, which is classified as 'wet land' in the BTR. In the writ petition, the petitioner produced as Ext.P1, the order passed by the Revenue Divisional Officer [RDO] under Clause 6(2) of the Kerala Land Utilisation Order permitting a conversion of the user of the land for non-agricultural purposes. The limited prayer in the writ petition is for a direction to the 5^th respondent to carry out consequential corrections in the BTR based on Ext.P1 order already obtained in respect of the land.

¶23

I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.

¶24

On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I dispose the writ

¶25

W.P.(C).No.1249/2021 :: 3 ::

¶26

petition with a direction to the 5^th respondent to consider and pass orders on Ext.P2 application, in the light of Ext.P1 order produced by the petitioner, after verifying the identity of the land covered by Ext.P1 order, within an outer time limit of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 5^th

¶27

respondent, for further action.

¶28

Sd/-

¶29

A.K.JAYASANKARAN NAMBIAR JUDGE

¶30

prp/2/2/2021

¶31

W.P.(C).No.1249/2021 :: 4 ::

¶32

APPENDIX

¶33

PETITIONER'S EXHIBITS:

¶34

EXHIBIT P1

¶35

THE TRUE COPY OF THE PERMISSION UNDER THE KLU ORDER ISSUED BY THE 3RD ISSUED BY THE 3RD RESPONDENT DATED 04.11.2014.

¶36

EXHIBIT P2 THE TRUE COPY OF THE APPLICATION DATED 24.12.2020 FOR RE ASSESSMENT/FRESH ASSESSMENT OF LAND TAX SUBMITTED BEFORE 5TH RESPONDENT ALONG WITH POSTAL ACKNOWLEDGMENT.

¶37

RESPONDENTS EXHIBITS: NIL.

¶38

//TRUE COPY//

¶39

P.S. TO JUDGE

Nasar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nasar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M. Damodaran Master Vs Mattannur Municipality

Nancy Sirajudeen Vs Shaji S.

K.Ratnamani Vs the Senior Geologist

M.H.Sakeer Vs the State of Kerala

Jitha.K.S Vs Thrissur Muncipal Corporation

Thomas N P, Vs Director