Allowed

Raji.R v. the Revenue Divisional Officer Palakkad

Kerala HC14 Nov 2023WP(C)/35478/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction for the 2nd respondent to consider and pass orders on an application for land permission, relying on previous judgments and prior KLU permissions. The court directed the authority to act within one month.

What did the court decide?

A direction to the 2nd respondent to consider and pass orders on Ext.P6 Form-A application submitted by the petitioner within one month.

Raji.R Vs the Revenue Divisional Officer Palakkad — Property and Title | Kerala HC (2023)

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W.P.(C).No.35478 of 2023 1

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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 VIJU ABRAHAM TUESDAY, THE 14^TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA,

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1945

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WP(C) NO. 35478 OF 2023

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PETITIONER:

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RAJI.R,AGED 46 YEARS W/O. MOHANAN, 'NANDANAM', AISWARYA NAGAR, THONDIKULAM, NURANI, PALAKKAD DISTRICT., PIN - 678004

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BY ADVS. JACOB SEBASTIAN WINSTON K.V KEERTHY RAJ ANU JACOB

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER PALAKKAD OFFICE OF THE REVENUE DIVISIONAL OFFICER PALAKKAD, PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT., PIN - 678001

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2 THE ADDITIONAL TAHSILDAR (LAND RECORDS), TALUK OFFICE, CIVIL STATION, PALAKKAD DISTRICT., PIN - 678001

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3 THE VILLAGE OFFICER PALAKKAD-3 VILLAGE, PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT., PIN - 678001

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OTHER PRESENT:

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GP - JOBY JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.35478 of 2023 2

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VIJU ABRAHAM,J

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W.P.(C).No.35478 of 2023

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Dated this the 14^th day of November, 2023

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JUDGMENT

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Petitioner has approached this Court seeking a

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direction to the 2^nd respondent to consider and

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pass orders on Ext.P6 application in Form A.

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The specific case of the petitioner is that

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the property is covered by Exts.P2 and P3 KLU permission obtained by the predecessor in interest of the property. Petitioner relies on the judgment in District Collector, Ernakulam and others v. Fr.

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Jose Uppani and others (2020 (4) KLT 612) wherein the Division Bench held that when an applicant has

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secured orders under the Kerala Land Utilisation Order prior to the cut-off date on which Section 27A was introduced to the Kerala Conservation of Paddy Land and Wetland Act, 2008, the competent

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Revenue officials are bound to consider the subsequent application submitted under the provisions of the Kerala Land Tax Act, 1961. Petitioner submits that the claim is covered by the

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W.P.(C).No.35478 of 2023 3

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judgment in Fr.Jose Uppani's case and Exts.P7 to P9 judgment of this Court. As the nature of the land of the petitioner has been permitted to be changed pursuant to passing of an order under the Kerala Land Utilisation Order, 1967, the competent authority is bound to re-assess the rate of Basic Tax in respect of the land and to make necessary entries in the Basic Tax Register, if necessary, after verifying the veracity/genuineness of the permission obtained under the Kerala Land Utilisation Order, 1967 produced by the petitioner.

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Therefore, the above writ petition is disposed of with a direction to the 2^nd respondent to consider and pass orders on Ext.P6 Form-A application submitted by the petitioner in accordance with law, within a period of one month from the date of receipt of a copy of this judgment.

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sd/-

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VIJU ABRAHAM, JUDGE

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W.P.(C).No.35478 of 2023 4

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APPENDIX OF WP(C) 35478/2023

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PETITIONER'S EXHIBITS

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Exhibit-P1	A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 18.08.2022 ISSUED BY THE THIRD RESPONDENT.
Exhibit-P2	A TRUE COPY OF THE KLU ORDER DATED 12.05.2008 ISSUED BY THE FIRST RESPONDENT.
Exhibit-P3	A TRUE COPY OF THE KLU ORDER DATED 24.05.2008 ISSUED BY THE FIRST RESPONDENT.
Exhibit-P4	A TRUE COPY OF THE SALE DEED NO.1407/2021 OF SRO PALAKKAD EXECUTED ON 01.03.2021.
Exhibit-P5	A TRUE COPY OF THE ORDER DATED 07.01.2023 ISSUED BY THE FIRST RESPONDENT.
Exhibit-P6	A TRUE COPY OF THE APPLICATION DATED 05.09.2023 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT ALONG WITH RECEIPT DATED 05.09.2023 ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT.
Exhibit-P7	A TRUE COPY OF THE JUDGMENT DATED 25.06.2018 IN W.P.(C) NO.16536/2018 OF THIS HON'BLE COURT.
Exhibit-P8	A TRUE COPY OF THE JUDGMENT DATED 16.12.2020 IN W.P.(C) NO.26007/2020 OF THIS HON'BLE COURT.
Exhibit-P9	A TRUE COPY OF THE JUDGMENT DATED 16.06.2023 IN W.P.(C) NO.18561/2023 OF THIS HON'BLE COURT.

Raji.R v. the Revenue Divisional Officer Palakkad

Case brief

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Raji.R v. the Revenue Divisional Officer Palakkad

Case brief

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