Disposed

Adwaith., v. Revenue Divisional Officer

Kerala HC24 Nov 2022WP(C)/29907/2022

Case brief

AI extract

What is this about?

The petitioner applied to remove his land from the Data Bank and reassess land tax. The Court directed the Revenue Divisional Officer to decide the Form-5 application first. Subsequent to that order, the Tahsildar must decide the tax reassessment.

What did the court decide?

The 1st respondent directed to consider Ext.P6 Form-5 application and pass orders within two months. Later, the 2nd respondent to decide Section 6A application within one month.

Adwaith., Vs Revenue Divisional Officer — 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 MR.JUSTICE N.NAGARESH

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THURSDAY, THE 24TH DAY OF NOVEMBER 2022 / 3RD AGRAHAYANA, 1944
WP(C) NO. 29907 OF 2022

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PETITIONER

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ADWAITH.,
AGED 26 YEARS
S/O SANTHOSH, POLAKULATH HOUSE, KODUNGALLOOR,
LOKAMALLESWARAM VILLAGE, PIN 680 664.

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BY ADV T.K.AJITHKUMAR (VALATH)

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RESPONDENTS

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1 REVENUE DIVISIONAL OFFICER, THRISSUR, OFFICE OF THE REVENUE DIVISIONAL OFFICE, THRISSUR, CIVIL STATION, AYYANTHOLE, PIN. 680 003.

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2 THE TAHSILDAR (LR), KUNNAMKULAM TALUK, KUNNAMKULAM TALUK OFFICE, MINI CIVIL STATION, YESUDAS ROAD, KUNNAMKULAM, PIN. 680 503.

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3 THE VILLAGE OFFICER, VELLARAKKAD VILLAGE, THALAPPILLY, VELLARAKAD, PIN680 584.

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OTHER PRESENT:

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SMT.VIDYA KURIAKOSE GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P(C) No.29907 of 2022

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J U D G M E N T

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Dated this the 24^th day of November, 2022

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The petitioner, who is owner and in possession of

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4.04 Ares of property in Vellarakkad Village of Kunnamkulam Taluk, has filed this writ petition seeking to direct the 2^nd respondent to consider Ext.P4 application and to direct the 3^rd respondent to make necessary corrections in the records based on the orders of the 2^nd respondent.

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The petitioner states that the predecessor-ininterest of the land of the petitioner submitted applications under the Kerala Land Utilisation Order, 1967 seeking permission to use the land for non-agricultural purposes. The competent authority granted permission as per Exts.P3 and P3(a). Thereafter, the petitioner purchased the land. After purchase of the land, the petitioner found that the land is included in the Data Bank.

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W.P(C) No.29907 of 2022 3

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Therefore, the petitioner submitted Ext.P6 Form-5 application under Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 seeking to remove the land from the Data Bank. The petitioner has also invoked the provisions of the Kerala Land Tax Act, 1961 and has submitted Ext.P4 application under Section 6A seeking reassessment of basic tax on the land. The petitioner states that unless the applications submitted by the petitioner are considered and disposed of expeditiously, the petitioner will be put to difficulties.

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The Government Pleader submitted that permission under the Kerala Land Utilisation Order has been granted with specific condition relating to utilisation of land within a specified period. Therefore, the application under Section 6A of the Kerala Land Tax Act, 1961 can be considered only after orders are passed on Form-5 application submitted by the petitioner.

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W.P(C) No.29907 of 2022

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I have heard the learned counsel for the petitioner

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and the learned Government Pleader representing the respondents.

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An application for reassessment of the land by the Tahsildar will have to be made based on a site visit by the Tahsildar and after assessing the nature of the land as on date. Admittedly, the land is included in the Data Bank. Therefore, the petitioner has submitted a Form-5 application. In such circumstances, the Tahsildar shall consider Section 6A application submitted by the petitioner based on the orders to be passed on Form-5 application.

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The writ petition is accordingly disposed of directing the 1^st respondent-Revenue Divisional Officer to consider Ext.P6 Form-5 application and pass appropriate orders thereon within a period of two months. Depending upon the outcome of Form-5 application, the petitioner may approach the 2^nd respondent-Tahsildar along with order of

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W.P(C) No.29907 of 2022 5

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the Revenue Divisional Officer, in which event the Tahsildar shall take appropriate decision on Section 6A application of the petitioner within a further period of one month.

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Sd/-

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N. NAGARESH, JUDGE

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smm

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W.P(C) No.29907 of 2022

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APPENDIX OF WP(C) 29907/2022

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PETITIONER EXHIBITS

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`Exhibit`	`P1` `THE TRUE COPY OF THE SETTLEMENT DEED` `NO.1362/2018 OF ERUMAPPETTY SUB` `REGISTRY`
`Exhibit`	`P2` `THE TRUE COPY OF LAND TAX RECEIPT` `DATED 29-8-2022 ISSUED FROM THE` `OFFICE OF THE 3RD RESPONDENT`
`Exhibit`	`P3` `THE TRUE COPY OF THE KLU ORDER DATED` `20-9-2005 ISSUED BY THE 1ST` `RESPONDENT`
`Exhibit`	`P3 A` `THE TRUE COPY OF THE KLU ORDER DATED` `24-9-2005 ISSUED BY THE 1ST` `RESPONDENT.`
`Exhibit`	`P4` `THE TRUE COPY OF THE APPLICATION` `DATED 8-7-2022 WITH FORM A UNDER` `SECTION 6A OF THE LAND TAX ACT, 1961` `SUBMITTED TO THE 2ND RESPONDENT`
`Exhibit`	`P5` `THE TRUE COPY OF THE ACKNOWLEDGMENT` `CARD DATED 20-7-2022.`
`Exhibit`	`P6` `TRUE COPY OF THE APPLICATION IN FORM` `NO.5 DATED 1-9-2022 SUBMITTED TO THE` `1ST RESPONDENT`
`Exhibit`	`P7` `THE TRUE COPY OF THE RECEIPT DATED` `1-9-2022 FOR PAYMENT OF FEE FOR` `CONSIDERATION OF FORM NO.5`
`Exhibit`	`P8` `THE PHOTO COPY OF THE JUDGMENT IN` `W.P. (C) NO. 9203/2022 DATED 18-3-` `2022`

Adwaith., v. Revenue Divisional Officer

Case brief

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Adwaith., v. Revenue Divisional Officer

Case brief

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