Ea Aboobacker vs State of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 21ST DAY OF JULY 2023 / 30TH ASHADHA, 1945 WP(C) NO. 19307 OF 2023 PETITIONERS: 1 EA ABOOBACKER AGED 79 YEARS ELAVAKKAT HOUSE, KAKKANAD WEST P.O, VAZHAKKALA JUNCTION, KOCHI - 682030. 2 NIZAMUDDIN EA AGED 43 YEARS ELAVAKKAT HOUSE, KAKKANAD WEST P.O, VAZHAKKALA JUNCTION, KOCHI - 682030. BY ADVS. MARIYA RAJAN SHINU J.PILLAI S.SUJA NESMEL DIVAN DIYA BIJOY RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, OPPOSITE ZOO, VIKHAS BHAVAN P.O THIRUVANANTHAPURAM - 695033. 2 DISTRICT COLLECTOR ERNAKULAM DISTRICT COLLECTORATE, FIRST FLOOR CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030. 3 REVENUE DIVISIONAL OFFICER GROUND FLOOR, PATTIMATTOM - MUVATTUPUZHA RD, MUVATTUPUZHA, KERALA, PIN - 686673. 4 TAHASILDAR (LAND RECORDS) KUNNATHUNADU TALUK OFFICE, POOPPANI ROAD, KUNNATHUNADU, PERUMBAVOOR - 685342. BY ADV.DEVISREE R, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 21st day of July, 2023 The petitioners, who are owners of 6.5174 Hectares of land comprised in Survey Nos.75, 76, 77, 78, 79, 81 and 82 of Puthencruz Village in Kunnathunadu Taluk, have filed this writ petition seeking to direct the respondents to comply with Ext.P12

order and to direct the respondents to refund the amount collected

under Ext.P11 as compensatory relief to the petitioners.

2. The petitioners' land was described as paddy land in

the Revenue records. The petitioners would submit that their land is in the nature of 'Purayidam'. In order to utilise the land for other purposes, the petitioners wanted to change the nature of the land in Revenue records. Form-6 application was submitted by the petitioners accordingly. The Revenue Divisional Officer, after obtaining a Report from the Agricultural Officer, passed Ext.P12 order, permitting to change the nature of the land in Revenue records subject to certain conditions. Thereafter, the petitioners submitted Ext.P13 application in Form-A under the Kerala Land Tax Act, 1961, seeking to reassess the Basic Tax of the land and to make necessary entries in the Revenue records. Ext.P13 has been kept pending without any action thereon. Hence, the petitioners have approached this Court.

3. Counsel for the petitioners submitted that pending the

writ petition, a notice of appeal under Section 27B was served on the petitioners. In fact, neither the petitioners nor any other party had filed an appeal. The District Collector has no power to take any suo motu appellate proceedings, contended the petitioners. The nature of the land of the petitioners should be corrected in the Revenue records and the respondents are compellable to do so, contended the counsel for the petitioners.

4. Government Pleader entered appearance and resisted

the writ petition. The Government Pleader controverted all the allegations made by the petitioners in the writ petition. The notice allegedly served on the petitioners was a notice of enquiry, which was issued based on a communication of the Tahsildar. It is not a notice of appeal under Section 27B, as presumed by the petitioners.

5. Government Pleader submitted that since the

petitioners have submitted Ext.P13 application invoking the provisions of Section 6 of the Kerala Land Tax Act, 1961 and since Ext.P13 is of a statutory application, the same can be considered and orders can be passed within a reasonable time.

6. Taking into consideration the facts and circumstances

of the case and taking into consideration Ext.P12 proceedings, I am of the view that the writ petition can be disposed of directing the Tahsildar to pass appropriate orders on Ext.P13 application within a reasonable time. The writ petition is therefore disposed of directing the 4 th respondent-Tahsildar to process Ext.P13 application submitted by the petitioners and pass appropriate order thereon, within a period of one month. Sd/- N. NAGARESH JUDGE ams APPENDIX OF WP(C) 19307/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 27.09.2018 IN CIVIL APPEAL NO: 2772 OF 2011 PASSED BY THE HON'BLE SUPREME COURT OF INDIA Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 13.02.2009 IN SLP (C) NO: 2657 OF 2009 BY THE HON'BLE SUPREME COURT OF INDIA Exhibit P3 TRUE COPIES OF THE FORM NO: 5 DATED 15.02.2021 SUBMITTED BY THE PETITIONERS

Exhibit P4      TRUE   COPY   OF   THE   KSREC   REPORT     NO:
                A/172/2015/KSREC/004024(1)/21             DATED
Exhibit P5      TRUE   COPY   OF   THE   KSREC   REPORT     NO:
                A/172/2015/KSREC/004024(3)/21             DATED
Exhibit P6      TRUE   COPY   OF   THE   KSREC   REPORT     NO:
                A/172/2015/KSREC/004024(4)/21             DATED
Exhibit P7      TRUE   COPY   OF   THE   KSREC   REPORT     NO:
                A/172/2015/KSREC/004024(5)/21             DATED
Exhibit P8      TRUE COPY OF THE MINUTES OF THE LLMC MEETING

DATED 01.07.2022 Exhibit P9 TRUE COPY OF THE ORDER NO: KDS.8559/2021/A13 ISSUED BY THE 3RD RESPONDENT DATED 29.08.2022 Exhibit P10 TRUE COPY OF THE DEMAND DATED 06.10.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P11 TRUE COPIES OF THE CHALLAN DATED 10.11.2022 EVIDENCING THE PAYMENT OF FEE BY THE PETITIONERS Exhibit P12 TRUE COPY OF THE ORDER DATED 30.11.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P13 TRUE COPY OF THE FORM A SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT Exhibit P14 TRUE COPY OF THE ORDER DATED 20.01.2009 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 5A OF THE LAND ACQUISITION ACT, 1894 Exhibit P15 THE TRUE COPY OF THE NOTICE DATED 16.06.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P16 TRUE COPY OF THE REQUEST MEMO PROPOSED TO BE SUBMITTED BY THE COUNSEL FOR THE PETITIONERS