Paul Devassy Vs Revenue Divisional Officer — Kerala HC (2025) — LawSathi Research

Paul Devassy Vs Revenue Divisional Officer — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the 2nd respondent (Tahsildar, Land Records) to consider and pass orders on Ext.P4 application in Form A of the Kerala Land Tax Rules, 1972, after hearing the petitioners and with due reference to W.P.(C) No.42972 of 2024, without insisting on the Section 27A procedure of the 2008 Act, within four months from receipt of a certified copy of the judgment.

Issue for consideration

Whether the 2nd respondent (Tahsildar, Land Records) must consider and pass orders on the petitioners' Ext.P4 application in Form A of the Kerala Land Tax Rules, 1972 without insisting on the procedure contemplated under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

Court's answer

The petitioners are entitled to the same benefit as the petitioner in W.P.(C) No.42972 of 2024.

Ratio / Principle

The 2nd respondent is directed to consider and pass orders on the Ext.P4 application in Form A, after hearing the petitioners and with due reference to the judgment in W.P.(C) No.42972 of 2024, without insisting on the procedure laid down in Section 27A of the 2008 Act, at the earliest, at any rate within four months from the date of receipt of a certified copy of this judgment.

Detailed headnote1 paragraphs

Writ petition allowed. Paul Devassy and another sought a direction to the 2nd respondent Tahsildar (Land Records), Thrissur to consider their Ext.P4 application in Form A of the Kerala Land Tax Rules, 1972 without insisting on the Section 27A procedure of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Conversion of their land had been sanctioned in 1995 under Clause 6(2) of the Kerala Land Utilisation Order, 1967 by the RDO, Thrissur (Ext.P3). Holding themselves bound by the parallel decision in W.P.(C) No.42972 of 2024, T.R. Ravi, J. found the petitioners entitled to the same benefit and directed the Tahsildar to consider and pass orders on the Form A application, after hearing the petitioners and with due reference to that judgment, without insisting on Section 27A of the 2008 Act, within four months of receipt of a certified copy of the judgment.

2025:KER:24673

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE T.R.RAVI

FRIDAY, THE 21ST DAY OF MARCH 2025/30TH PHALGUNA, 1946

WP(C) NO.10136 OF 2025

PETITIONERS

1 PAUL DEVASSY AGED 69 YEARS NELLISSERY HOUSE, AVENUE ROAD, KURIACHIRA, THRISSUR, PIN - 680006

2 SILVY RAPHY AGED 60 YEARS PONTHEKKAN HOUSE, CARMEL PARK, MISSION QUARTERS. THRISSUR, PIN - 680001

BY ADVS. MATHEW THOMAS ANAND KRISHNA

RESPONDENTS

1 REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, COLLECTORATE, THRISSUR, PIN - 680003

2 TAHSILDAR (LAND RECORDS) TALUK OFFICE, PALACE ROAD, THRISSUR, PIN - 680020

3 VILLAGE OFFICER VILLAGE OFFICE ROAD, CHIYYARAM, THRISSUR, PIN - 680026

2025:KER:24673

WP(C)No.10136 of 2025

SMT.DEEPA NARAYANAN, SR.GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

WP(C)No.10136 of 2025

2025:KER:24673

T.R. RAVI, J.

--------------------------------------------

W.P(C). No. 10136 of 2025

--------------------------------------------

Dated this the 21^st day of March, 2025

JUDGMENT

The prayer in the writ petition is for a direction to the 2^nd respondent to consider and pass orders on Ext.P4 application submitted in Form A of the Kerala Land Tax Rules, 1972 without insisting the procedure contemplated under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, “the 2008 Act”).

In the case on hand, the order under the Kerala Land Utlisation Order, 1967 was issued in 1995. In similar circumstances, this Court in W.P.(C) No.42972 of 2024 had issued directions to consider and pass orders on the application submitted by the petitioner under Section 6A

of the Kerala Land Tax Act. The facts in this case are also similar.

2025:KER:24673

WP(C)No.10136 of 2025
4

The petitioner is hence entitled to the same benefit as in the case of the petitioner in W.P.(C) No.42972 of 2024. This writ petition is hence allowed. The 2^nd respondent is directed to consider and pass orders on Ext.P4 application in Form A, after hearing the petitioner and with due reference to the judgment in W.P.(C) No.42972 of 2024 without insisting on the procedure laid down in Section 27A of the 2008 Act, at the earliest, at any rate, within four months from the date of receipt of a certified copy of this judgment.

Sd/- T.R.RAVI JUDGE

Cak

2025:KER:24673

WP(C)No.10136 of 2025

APPENDIX OF WP(C) 10136/2025

PETITIONERS EXHIBITS

EXHIBIT P1TRUE COPY OF THE REGISTERED DEED NO.
625/2019 DATED 12.03.2019 OF THRISSUR
SRO

EXHIBIT P2TRUE COPY OF THE TAX PAID RECEIPT OF THE
AFOREMENTIONED PROPERTY DATED 22.04.2024
BEARING NUMBER KL08016002437/2024

EXHIBIT P3TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT RDO ISSUED UNDER CLAUSE 6(2)
OF THE KLU ORDER,1967 BEARING FILE
NUMBERKDIS:-6928/95/D1DATED
29.06.1995 SANCTIONING THE CONVERSION OF
THE LAND

EXHIBIT P4TRUE COPY OF THE APPLICATION FILED BY
THE PETITIONERS BEFORE THE 2ND RESPONDENT
TAHSILDAR UNDER FORM A OF THE KERALA
LAND TAX RULES, 1972 ALONG WITH THE
REPRESENTATION

EXHIBIT P5TRUE COPY OF THE RECEIPT ISSUED BY THE
2ND RESPONDENT TAHSILDAR ACKNOWLEDGING
RECEIPT OF EXT.P4 DATED 20.02.2025
BEARING NUMBER B10/1019950/2025