Disposed

Rijeesh, v. State of Kerala

Kerala HC11 Apr 2023WP(C)/4960/2023

Case brief

AI extract

What is this about?

The Court directed the Tehsildar (Land Records) to consider the petitioner's application under Section 6A of the Kerala Land Tax Act, 1961, for reassessment and alteration of revenue records to reflect land conversion, to be completed within two months.

What did the court decide?

Direction to the additional 5th respondent to consider the petitioner's application, alter revenue records to garden land/dry land, and complete proceedings within two months.

Rijeesh, Vs State of Kerala — Specific Performance | Kerala HC (2023)

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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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TUESDAY, THE 11^TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945

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WP(C) NO. 4960 OF 2023

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PETITIONER:

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RIJEESH, AGED 42 YEARS S/O JALAJAMOHAN, EASWARAMANGALTH HOUSE, PUTHENVELIKKARA, PARAVUR TALUK, PARAVUR, ERNAKULAM DISTRICT, PIN - 683513 BY ADVS. M.SHAJU PURUSHOTHAMAN K.S.RAJESH

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN - 695 001. 2 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001 3 THE TAHSILDAR , NORTH PARAVUR TALUK, TALUK OFFICE, N.PARAVUR, PIN - 683513 4 THE VILLAGE OFFICER, PUTHENVELIKKARA VILLAGE, P.O. PUTHENVELIKKARA, ERNAKULAM DISTRICT, PIN - 683594 5 THE TEHSILDAR( LAND RECORDS), NORTH PARAVUR TALUK, TALUK OFFICE, N.PARAVUR,ERNAKULAM DISTRICT (IMPLEADED AS ADDITIONAL 5TH RESPONDENT AS PER I.A. NO.2 OF 2023) BY ADV M.SHAJU PURUSHOTHAMAN BY SMT.PARVATHY.K-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4960 OF 2023

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ANU SIVARAMAN, J.

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=========================

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W.P.(C) No.4960 of 2023

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========================= Dated this the 11^th day of April, 2023

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JUDGMENT

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The petitioner is the owner of 11.25 Ares of

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land in Survey No.415/5 of Puthenvelikkara Village of North Paravur Taluk in Ernakulam district. It is submitted that Ext.P2 order had been passed by the 2^nd respondent under the KLU order permitting conversion of the land. It is submitted that the land is not included in the finalized notified data bank. The petitioner has thereafter submitted Ext.P3 application before the 3^rd respondent and seeks a consideration of the same in terms of Section 6A of the Kerala Land Tax Act, 1961.

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The learned counsel for the petitioner submits that the issue stands squarely covered by the decision of a Division Bench of this Court in District Collector, Ernakulam and others v. Fr.Jose Uppani and others

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WP(C).No.4960 OF 2023

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[2020 (4) KLT 612] . It is submitted that the additional 5^th respondent is duty bound to consider Ext.P3 application exercising powers under Section 6A of the Kerala Land Tax Act, 1961. It is submitted that necessary additional 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 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 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 heard the learned Government Pleader also, I am of the opinion that the application submitted

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WP(C).No.4960 OF 2023

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by the petitioner is liable to be considered in accordance with law, taking note of the judgments of this Court in District Collector, Ernakulam and others v. Fr.Jose Uppani and others [2020 (4) KLT 612] and in Iype Varghese v. Revenue Divisional Officer, Idukki and

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others [2020 (5) KLT 403].

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In the above view of the matter, there will be a direction to the additional 5^th respondent to take up, consider Ext.P3 application preferred by the petitioner, in the light of the judgments referred to above and pass appropriate orders after considering all relevant aspects of the matter including the nature and identity of the property and the fact whether the conversion had been carried out pursuant to Ext.P2 order. If the facts stated are found to be correct and if the application is liable to be considered, then, appropriate steps shall be taken for correction of the entry/alteration of the revenue records by entering the property as garden land/dry land/purayidom. The entire proceedings shall be

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WP(C).No.4960 OF 2023

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completed within a period of two months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

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Sd/ANU SIVARAMAN JUDGE

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SSK/11/04

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WP(C).No.4960 OF 2023

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APPENDIX

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PETITIONER EXHIBITS
Exhibit1 THE	TRUE COPY OF	THE DOCUMENT BEARING
NO.9	48/2014 DT.19.05.20	14
Exhibit P2 THE	TRUE COPY OF THE	ORDER BEARING NO.K4-
2862	/18. DT.18.01.2021
Exhibit P3 THE	TRUE COPY OF APPLIC	ATION DT. 07.02.2023
SSK	//TRUE COPY/	/ PA TO JUDGE

Rijeesh, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rijeesh, v. State of Kerala

Case brief

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