The Court quashed a Departmental order imposing a condition that the petitioner could not change land records in the Basic Tax Register, noting such a restriction is unwarranted under a permission granted for non-agricultural use.
Exts.P2 and P4 set aside; Tahsildar directed to consider Ext.P3 Form-A application within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 3RD DAY OF AUGUST 2022 / 12TH SRAVANA, 1944
WP(C) NO. 19665 OF 2022
PETITIONERS
1 MARY MATHA CHURCH AGED 56 YEARSCHENGANNUR, CHENGANNUR P.O.,
REPRESENTED BY ITS VICAR,
FR. ANTONY ETHACKAD.
PIN - 689121
2SUDHEESH V.SEBASTIAN
AGED 49 YEARS
S/O THOMAS SEBASTIAN,
VALIVEETTIL HOUSE, CHENGANNUR P.O
, PIN - 689121
BY ADV K.C.VINCENT
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, CHENGANNUR, CHENGANNUR P.O., ALAPUZHA, PIN - 6891213 THE TAHSILDAR (LAND RECORDS) TALUK OFFICE, CHENGANNUR, CHENGANNUR P.O., ALAPUZHA PIN - 6891214 THE VILLAGE OFFICER VILLAGE OFFICE, CHENGANNUR, CHENGANNUR P.O., ALAPUZHA, PIN – 689121WP(C) NO.19665 OF 2022
2
5THE AGRICULTURAL OFFICER
KRISHI BHAVAN, CHENGANNUR,
CHENGANNUR P.O., ALAPUZHA
PIN - 689121
SMT.SURYA BINOY SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.19665 OF 2022
3
JUDGMENT
Dated this the 3rd day of August, 2022
The petitioners, a Parish Church and its Trustee, are before this Court seeking to quash Exts.P2 and P4 to the extent it restricts the process of effecting changes in the Basic Tax Register.
WP(C) NO.19665 OF 2022
4
Church Building is constructed.
application in Form-A for fixation of the rate of basic tax in respect of the 1st petitioner’s land. The application of the 1st petitioner stands rejected as per Ext.P4 holding that there is condition to the contrary in Ext.P2. Ext.P4 further stated that the 1st petitioner can change the nature of the land in records following the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as ‘the Act, 2008’)
resisted the writ petition. On behalf of the 2nd respondent, it is submitted that corresponding refusal on the part of the Tahsildar to change Revenue records is also under challenge. The petitioner contends that in view of the decision reported in
District Collector v.Father Jose Uppani [2020 (4) KLT 612] and other decisions, once a KLU order is secured, any direction to obtain orders under Section 27A or to remit fee
WP(C) NO.19665 OF 2022
5
under Rule 12(17) cannot be sustained.
WP(C) NO.19665 OF 2022
6
orders issued thereunder. The petitioners’ contention that the impugned condition was beyond the competence of the 2nd respondent is therefore untenable. Having secured and enjoyed the benefit of a KLU order, the petitioner is now estopped from challenging the same at this distance of time, urged the Government Pleader.
and the learned Senior Government Pleader representing the respondents.
was converted before 2008 and it is not fit for paddy cultivation.
WP(C) NO.19665 OF 2022
7
WP(C) NO.19665 OF 2022
8
the scrutiny of law. Ext.P4 is therefore set aside. Ext.P2 is set aside to the extent it restricts the process of effecting changes in the BTR. There will be a consequential direction to the Tahsildar to consider Ext.P3 Form-A application of the 1st petitioner dehors the condition stipulated in Ext.P2. A decision
in this regard shall be taken, within a period of one month.
sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.19665 OF 2022
9
APPENDIX OF WP(C) 19665/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED
25.08.2021
Exhibit P2A TRUE COPY OF THE PROCEEDINGS OF THE
2ND RESPONDENT UNDER KLU ORDER DATED
23.12.2017
Exhibit P3A TRUE COPY OF THE APPLICATION IN FORM
A DATED 11.05.2022
Exhibit P4A TRUE COPY OF THE LETTER DATED
30.05.2022
3 issues framed by the court
Whether authorities can impose a condition that the nature of land cannot be changed in the Basic Tax Register under a permission granted under the Kerala Land Utilisation Order, 1967.
Whether a condition requiring the petitioner to approach authorities under Section 27A is sustainable when the permission itself is for change of land nature.
Whether Exts.P2 and P4 restrict the process of effecting changes in the Basic Tax Register.
Colour shows how this judgement treated each authority
District Collector v. Father Jose UppaniReferred¶34
District Collector v. Father Jose Uppani [2020 (4) KLT 612]
W.A.No.489/2011Referred¶39
W.A.No.489/2011
3 provisions across 2 enactments
Mary Matha Church
Sudheesh V. Sebastian
State of Kerala
Revenue Divisional Officer, Chengannur
Tahsildar (Land Records), Chengannur
Village Officer, Chengannur
N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court