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Muhammed Alias Muhammed Khader v. District Collector

Kerala HC18 Feb 2021WP(C)/4255/2021

Case brief

AI extract

What is this about?

The court in W.P.(C) No.4255 of 2021 directed the 3rd respondent Tahsildar to effect a correction in the Basic Tax Register changing the land classification from 'Nilam' to 'Purayidom' based on a prior 1994 conversion order, and dehorse a later 2021 order by the Tahsildar following the pipeline.

What did the court decide?

Directed the 3rd respondent to consider the petitioner's request for land classification change as per depicted evidence and to dehorse the communication dated 09.02.2021 issued by the Tahsildar.

Muhammed Alias Muhammed Khader Vs District Collector — Kerala HC (2021) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

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WP(C).No.4255 OF 2021(F)

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PETITIONER:

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MUHAMMED ALIAS MUHAMMED KHADER

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AGED 54 YEARS

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S/O.KHADER, KURUNAPILLI HOUSE, PALLILAMKARA, HMT COLONY, COCHIN, 683 503, ERNAKULAM DISTRICT.

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BY ADV. SRI.A.P.SAMAL KUMAR

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RESPONDENTs:

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1 DISTRICT COLLECTOR CIVIL STATION, KAKKANAND, ERNAKULAM DIST. 682 021.

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2 THE REVENUE DIVISIONAL OFFICER

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OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORTKOCHI 682 001.

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3 THE TAHSILDAR TALUK OFFICE, PARAVUR, ERNAKULAM DIST. 683 513

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4 VILLAGE OFFICER KADUNGALLUR VILLAGE OFFICE, ERNAKULAM DIST - 683 110

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GP. SRI. PAUL ABRAHAM VAKKANAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4255 OF 2021(F)

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Sathish Ninan, J. ============================== W.P.(C) No.4255 of 2020 ==========================

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Dated this the 18^th day of February, 2021

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JUDGMENT

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The request of the petitioner to effect

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correction in the Basic Tax Register regarding the nature of his property from 'Nilam' to 'Purayidom', was not acceded to by the third respondent – Tahsildar. The petitioner was directed to initiate steps under the Kerala Conservation of Paddyland and Wetland Act seeking conversion of the nature of the land.

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Ext P2 produced along with the writ petition is the proceedings of the Revenue Divisional Officer dated 07.12.1994 in relation to the property in question. It is a proceeding under the Kerala Land Utilisation Order, 1967 whereunder, sanction was accorded for conversion of the land in question for purposes other than paddy cultivation. Order having already been issued in terms of Clause 6 of the Kerala Land Utilisation Order, 1967, all that the petitioner

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WP(C).No.4255 OF 2021(F)

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needs to do is seek for addition of entry regarding classification in the Basic Tax Register and for re-assessment of the tax.

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In the light of the above, the 3^rd respondent

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is directed to consider the request of the petitioner as per Ext P3, in the light of Ext P2 order under Clause 6 of Kerala Land Utilisation Order, 1967 and dehorse Ext P4 communication dated 09.02.2021 issued by the Tahsildar. If the petitioner needs to submit any application in prescribed forms, the same shall be intimated to the petitioner to enable him to take further steps. Let the needful be done without delay.

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The writ petition is disposed of as above.

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Sd/- Sathish Ninan, Judge

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vdv

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WP(C).No.4255 OF 2021(F)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1

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TRUE PHOTOSTAT COPY OF EXCHANGE DEED NO.2710/1/2020

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EXHIBIT P2 TRUE PHOTOSTAT COPY OF PROCEEDINGS OF RDO FORT KOCHI DT.7.12.1994.

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EXHIBIT P3 TRUE PHOTOSTAT COPY OF REPRESENTATION TO TAHSILDAR, DT. 1.2.2021

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EXHIBIT P4 TRUE PHOTOSTAT COPY OF ORDER BY TAHSILDAR (LR) PARAVUR DT.9.2.2021.

Muhammed Alias Muhammed Khader v. District Collector

Case brief

What is this about?

What did the court decide?

Muhammed Alias Muhammed Khader v. District Collector

Case brief

What is this about?

What did the court decide?

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