Kerala High Court
Shyamala Sathyapalan vs State Of Kerala on 23 November, 2020
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942
WP(C).No.22989 OF 2020(W)
PETITIONER:
SHYAMALA SATHYAPALAN
AGED 68 YEARS
W/O. LATE K.N.SATHYAPALAN, CHARUVILA PUTHEN VEEDU,
EDAKKADAM P.O., KAREEPRA, KOLLAM-691505
BY ADV. SRI.BASANT BALAJI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR
KOZHIKODE, CIVIL STATION, KOZHIKODE-673 020.
3 REVENUE DIVISIONAL OFFICER AND SUB COLLECTOR
REVENUE DIVISIONAL OFFICE, CIVIL STATION, KOZHIKODE-
673 020.
4 THE TAHSILDAR
TALUK OFFICE, CIVIL STATION, KOZHIKODE-673 020.
5 THE VILLAGE OFFICER
PERUVAYAL, KOZHIKODE-673 008.
SRI.K.J.MANURAJ, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22989 OF 2020(W)
2
W.P.(C) No.22989 of 2020
-----------------------------------------------
JUDGMENT
The petitioner holds an item of land measuring 5.43 acres in Peruvayal Village. The land of the petitioner was a paddy land and the predecessor of the petitioner reclaimed the same and converted it as a dry land after obtaining permission from the competent authority under the Kerala Land Utilization Order during the year 1995 itself. Ext.P1 is the order obtained by the predecessor of the petitioner in this regard. It is stated by the petitioner that, of late, when the petitioner approached the fourth respondent for reassessing the land under the Land Tax Act and to make appropriate corrections in the revenue records pertaining to the classification of the land, she was made to believe that she has to obtain permission from the competent authority under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act), and accordingly, she preferred an application for the said purpose. It is stated by the petitioner that later, when she realized that it was unnecessary for her to WP(C).No.22989 OF 2020(W) 3 obtain permission of the competent authority under Section 27A of the Act, she preferred a fresh application for reassessment of the land and also for making appropriate corrections in the revenue records pertaining to the classification of the land. Ext.P11 is the application preferred by the petitioner in this regard. It is alleged by the petitioner that Ext.P11 application is not being attended to by the fourth respondent. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.
2. Heard the learned counsel for the petitioner as also the learned Government Pleader.
3. In Renji K. Paul v. Revenue Divisional Officer, 2019 (2) KLT 262, this court held that if the holder of a land which is not included in the data bank prepared under the Act prefers an application for permission to make use of the land for other purposes under the Land Utilization Order before the coming into the force of Act 29 of 2018, the provisions therein including Section 27A of the Act cannot be pressed into service in respect of such a land. In the case on hand, as noted, the predecessor of the petitioner had obtained permission under the Land WP(C).No.22989 OF 2020(W) 4 Utilization Order as early as on 3.1.1995. In other words, Section 27A of the Act cannot be pressed into service in respect of the land of the petitioner. In Iype Varghese v. Revenue Divisional Officer, 2020 (5) KLT 403, this Court held that where statutory permission for change of user of land has been obtained for conversion of a paddy land to a garden land in terms of the provisions contained in Kerala Land Utilisation Order, then it is the obligation of the competent authority under the Land Tax Act to make a fresh assessment of the land so as to collect the higher land tax for such converted land and to issue appropriate directions to the officers concerned to make additional entries in the Basic Tax Register so as to reflect the nature of the land as garden land/Purayidam in the said Register. In the light of the decisions aforesaid, the writ petition is allowed and the fourth respondent is directed to reassess the land of the petitioner, after satisfying that the same is a portion of the land covered by Ext.P1 order, treating the same as Purayidam/dry land, in terms of the provisions contained in the Kerala Land Tax Act and issue appropriate orders directing the officers concerned to change the classification of the land in the Basic Tax Register and WP(C).No.22989 OF 2020(W) 5 other revenue records as Purayidam/dry land, without insisting compliance of the provisions of the Act including Sections 27A and 27C. This shall be done within two weeks from the date of production of a copy of this judgment.
Sd/-
P.B.SURESH KUMAR, JUDGE.
PV WP(C).No.22989 OF 2020(W) 6 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.K.DIS.10569/94/C DATED 3.1.1995 OF THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF 179.46 ARES OF LAND IN NEW SY NO'S 12/11, 22/4 AND 33/66 OF THE PETITIONER FOR THE YEAR 2019-2020.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES IN RESPECT OF THE PROPERTIES OF THE PETITIONER IN THE DATA BANK.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 12.10.2015 IN WPC NO.30932/2015.
EXHIBIT P5 TRUE COPY OF THE MINUTES DATED 22.12.2015 OF THE LOCAL LEVEL MONITORING COMMITTEE.
EXHIBIT P6 TRUE COPY OF THE SKETCH PREPARED BY THE 5TH RESPONDENT AFTER INSPECTION OF THE PROPERTY.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 6.10.2017 IN WPC NO.31876/2017.
EXHIBIT P8 TRUE COPY OF THE LETTER NO.B3/29870/2017 DATED 3.11.2017 OF THE 4TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE LETTER
NO.RDOKKD/3832/18-C1 DATED
18.8.2020.
EXHIBIT P10 TRUE COPY OF THE LETTER DATED
16.7.2020 ALONG WITH THE PLAN SENT
BY THE PETITIONER TO THE 3RD
RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE COVERING LETTER
DATED 28.9.2020 ALONG WITH FORM A
SUBMITTED BY THE PETITIONER TO THE
4TH RESPONDENT.