Rajeevan vs Tahasildar (Lr)

Type Court Judgment Court Kerala Decided Mar 01, 2024

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Citation: sooperkanoon.com/1313379
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Mar 01, 2024
Case Number: WP(C)/8374/2024

Parties & Advocates

Appellant / Petitioner

Rajeevan

Respondent

Tahasildar (Lr)

Excerpt

.....petitioner is the absolute owner of 4.86 ares of land comprised in survey nos:1037/1-18 and 1037/1-67 of mattathoor village.2. the petitioner submitted an application in form 6under section 27 a of the kerala conservation of paddy land and wet land act, 2008 (hereinafter referred to as 'the act, 2008') before the revenue divisional officer for change of nature of the land and the same was allowed as per ext.p1. pursuant thereto, the petitioner preferred ext.p2 representation before the 1st respondent to carry out the changes in the records as per section 27 c of the act, 2008. along with the same, the petitioner also filed form a application under section 6a (3) of the kerala land tax act for reassessment of basic tax. the prayer of the petitioner is for consideration of ext.p2 application in form a of the kerala land tax act.3. once the revenue divisional officer has ordered change of nature of land as per section 27 a, the 1 st respondent has to make changes in the record as per section 27 c of the act, 2008.4. accordingly, there will be a direction to the 1 strespondent, to make necessary changes in the records and reassess the land tax as per section 27 c of the act, 2008 in terms of ext.p1 order passed by the revenue divisional officer within a period of 6 weeks from the date of receipt of a copy of this judgment. this writ petition is disposed of as above. sd/- murali purushothaman judge s.m.k. appendix petitioner’s exhibits exhibit p1 true copy of the order dated 11/09/2023 of the revenue divisional officer, irinjalakuda exhibit p2 true copy of the representation along with form a application dated 21/02/2024

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 PETITIONER/S: RAJEEVAN AGED 55 YEARS S/O. KUMARAN, VENGINIKADAN HOUSE, MATTATHOOR P.O., THRISSUR DISTRICT, KERALA-680 684. REP. BY POWER OF ATTORNEY AND HIS WIFE MRS. SHEEBA, AGED 50 YEARS, W/O. RAJEEVAN, VENGINIKADAN HOUSE, MATTATHOOR P.O., THRISSUR DISTRICT, KERALA, PIN - 680684 BY ADVS. M.R.DHANIL SENITTA P. JOJO RESPONDENT/S: 1 TAHASILDAR (LR) CHALAKUDY TALUK OFFICE, THRISSUR DISTRICT, KERALA, PIN - 680307 2 VILLAGE OFFICER MATTATHUR, THRISSUR DISTRICT, KERALA, PIN - 680312 OTHER PRESENT: SMT.R.DEVI SHRI, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is the absolute owner of 4.86 Ares of land comprised in Survey Nos:1037/1-18 and 1037/1-67 of Mattathoor Village.

2. The petitioner submitted an application in Form 6

under Section 27 A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as 'the Act, 2008') before the Revenue Divisional Officer for change of nature of the land and the same was allowed as per Ext.P1. Pursuant thereto, the petitioner preferred Ext.P2 representation before the 1st respondent to carry out the changes in the records as per Section 27 C of the Act, 2008. Along with the same, the petitioner also filed Form A application under Section 6A (3) of the Kerala Land Tax Act for reassessment of basic tax. The prayer of the petitioner is for consideration of Ext.P2 application in Form A of the Kerala Land Tax Act.

3. Once the Revenue Divisional Officer has ordered change of nature of land as per Section 27 A, the 1 st respondent has to make changes in the record as per Section 27 C of the Act, 2008.

4. Accordingly, there will be a direction to the 1 st

respondent, to make necessary changes in the records and reassess the land tax as per Section 27 C of the Act, 2008 in terms of Ext.P1 order passed by the Revenue Divisional Officer within a period of 6 weeks from the date of receipt of a copy of this Judgment. This writ petition is disposed of as above. Sd/- MURALI PURUSHOTHAMAN JUDGE S.M.K. APPENDIX PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 11/09/2023 OF THE REVENUE DIVISIONAL OFFICER, IRINJALAKUDA Exhibit P2 TRUE COPY OF THE REPRESENTATION ALONG WITH FORM A APPLICATION DATED 21/02/2024

Same Court & Year Kerala · 2024 Same Parties Rajeevan vs Tahasildar (Lr) Same Judge Honourable Mr.Justice Murali Purushothaman