Allowed

Sree Narayana Institute of Medical Sciences (Medical College) v. the District Collector

Kerala HC28 Mar 2022WP(C)/1206/2022

Case brief

AI extract

What is this about?

A single-judge basis High Court of Kerala entertained a petition against an order refusing to update land records. The court quashed the impugned order and directed the Tahsildar to effect alterations in the Basic Tax Register and reassess the properties reflecting the land as 'garden land' or 'purayidom' under Section 6A of the Kerala Land Tax Act.

What did the court decide?

Set aside the impugned order; direct the 2nd respondent to effect alterations in the Basic Tax Register showing the land as 'purayidom/dry land/garden land', reassess properties, and complete action w

Sree Narayana Institute of Medical Sciences (Medical… — Land Acquisition | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 28^TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944

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WP(C) NO.1206 OF 2022

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PETITIONER :-

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SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES (MEDICAL COLLEGE) REPRESENTED BY THE SECRETARY, GURUDEVA CHARITABLE TRUST, CHALAKKA, NORTH KUTHIYATHODU P.O., ERNAKULAM - 683 594.

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BY ADV GIKKU JACOB

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RESPONDENTS :-

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1 THE DISTRICT COLLECTOR ERNAKULAM, CIVIL STATION, ERNAKULAM - 682 030.

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2 THE TAHSILDAR (LR), TALUK OFFICE, NORTH PARAVOOR, ERNAKULAM - 682 513.

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3 THE VILLAGE OFFICER, PUTHENVELIKKARA VILLAGE, ERNAKULAM - 683 594.

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BY SMT.VINITHA B, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.1206 OF 2022

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-: 2 :-

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JUDGMENT

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Dated this the 28th day of March, 2022

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This writ petition is filed seeking the following reliefs :-

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“i. issue a writ of certiorari or any other appropriate writ, order or direction to quash Ext.P6 order no.1-4360/2020 dated 27.12.2021 of the 2^nd respondent.

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ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2^nd respondent Tahsildar (LR), North Paravur to reconsider Ext.P2 application along with Ext.P5 application in Form A and to pass orders forthwith in the light of the decisions of this Hon'ble Court in Local Level Monitoring Committee, Kizhakkambalam Grama Panchayat & others v. Mariumma and another [2015 (2) 516], District Collector, Ernakulam v. Fr.Jose Uppani and others [2020 (4) KLT 612], Tahsildar Thodupuzha Taluk and another v. Renjith George [2020 (2) KLT 13] to make necessary additions and corrections in the BTR and other revenue records for the properties covered by Ext.P1 order and to cause fresh assessment of land tax accordingly.”

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2. Heard the learned counsel for the petitioner and the learned Government Pleader.

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It is submitted that the petitioner had obtained Ext.P1

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order from the District Collector under the Kerala Land Utilization Order. It is submitted that thereafter, the petitioner had made Ext.P2 application accompanied by due applications in the

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WP(C) NO.1206 OF 2022

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prescribed form for correction/additions in the Basic Tax Register by entering the property of the petitioner as purayidom/dry land/garden land and seeking the reassessment of tax in terms of Section 6A of the Kerala Land Tax Act. It is submitted that the 2^nd respondent had passed Ext.P6 order, wherein it was ordered to maintain the nature of the land as 'nilam' and to make an addition in the remark column in the BTR that the District Collector had passed an order granting permission to convert the land subject to conditions.

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The learned counsel for the petitioner submits that the issue stands squarely covered by the decisions of this Court in Fr.Jose Uppani and others v. District Collector, Ernakulam and others [2020 (3) KLT 492] and of a Division Bench of this Court in District Collector, Ernakulam and others v. Fr.Jose Uppani and others [2020 (4) KLT 612] as well as the decision of this Court in Iype Varghese v. Revenue Divisional Officer, Idukki and others [2020 (5) KLT 403]. It is submitted that the 2^nd respondent is duty bound to consider Ext.P2 request as well as the application preferred by the petitioner in due form and to record the conversion of land, exercising powers under Section 6A of the Kerala Land Tax Act. It is submitted that necessary additional

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WP(C) NO.1206 OF 2022

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-: 4 :-

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entries will have to be made in the Basic Tax Register maintained in terms of Rule 4 of the Kerala Land Tax Rules to show the change in nature of the land as 'garden land or purayidom' and a reassessment will have to be effected in respect of the properties in question.

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The learned counsel for the petitioner would further submit that the entry to be made in the revenue records should not be as 'converted land' since there is no such classification of land as provided in the relevant enactments or even in terms of the revenue manual and that in view of the conversion duly carried out by the petitioner, the land should be shown as 'garden land/dry land/ purayidom' in the altered Basic Tax Register.

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Having considered the contentions advanced and after considering the decisions of this Court, I am of the opinion that the challenge raised by the petitioner as against Ext.P6 order by the 2^nd respondent is sustainable and is liable to be allowed.

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In the result, Ext.P6 order is set aside. There will be a direction to the 2^nd respondent to consider Ext.P2 request and the application submitted by the petitioner in due form and to effect the alterations by additional entries in the Basic Tax Register to show the change in nature of the land as 'purayidom/dry land/garden land' and to reassess the properties accordingly. The

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WP(C) NO.1206 OF 2022

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necessary shall be done by the 2^nd respondent within a period of six weeks from the date of receipt of a copy of this judgment. Appropriate follow up action for effecting the changes in the Basic Tax Register shall be carried out by the 3^rd respondent, in accordance with law, thereafter.

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This writ petition is ordered accordingly.

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Sd/ANU SIVARAMAN JUDGE

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Jvt/31.3.2022

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WP(C) NO.1206 OF 2022

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APPENDIX OF WP(C) 1206/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE ORDER NO. I 43862/07 DATED 22.08.2007 ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM.
Exhibit P2	TRUE COPY OF THE APPLICATION DATED 26.11.2019 SUBMITTED TO THE TAHSILDAR (LR), PARAVUR, BY THE SECRETARY, GURUDEVA CHARITABLE TRUST.
Exhibit P3	TRUE COPY OF THE JUDGMENT DATED 10.01.2020 IN WPC NO. 33670/2020 OF THE HIGH COURT OF KERALA.
Exhibit P4	TRUE COPY OF THE JUDGMENT DATED 31.08.2021 IN WPC NO. 15479/2021 OF THE HONBLE HIGH COURT OF KERALA.
Exhibit P5	TRUE COPY OF THE APPLICATION DATED 18.12.2021 IN FORM 6 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER.
Exhibit P6	TRUE COPY OF THE ORDER IN PROCEEDINGS NO. D 1- 4360/2020 DATED 27.12.2021 OF THE 2ND RESPONDENT.

Sree Narayana Institute of Medical Sciences (Medical College) v. the District Collector

Case brief

What is this about?

What did the court decide?

Sree Narayana Institute of Medical Sciences (Medical College) v. the District Collector

Case brief

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