High Court of KeralaWP(C)/30036/2015disposed of

Rishal Mathew George v. The District Collector, Alappuzha

2015-10-05Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 WP(C).No. 30036 of 2015 (D) ---------------------------- PETITIONER :

--------------------- RISHAL MATHEW GEORGE S/O.GEORGE MATHAI, AGED 26 YEARS HOUSE NO.28/3096, NEDUMCHALIL HOUSE CHERUPARAMBATH ROAD, KADAVANTHRA, ERNAKULAM DISTRICT, KOCHI-682 020.

BY ADV. SRI.K.C.SUDHEER RESPONDENT(S) :

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

1. THE DISTRICT COLLECTOR CIVIL STATION, ALAPPUZHA, PIN - 688 501.

2. THE REVENUE DIVISIONAL OFFICER ALAPPUZHA DISTRICT, PIN - 688 501.

3. THE VILLAGE OFFICER KODAMTHURUTHU-688 542..

R1 TO R3 BY GOVT. PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 30036 of 2015 (D) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE SALE DEED NO.635 OF 2009 OF KUTHIATHODU SUB REGISTRY.

EXHIBIT-P2:

TRUE COPY OF THE CERTIFICATE DATED 28.6.2008. EXHIBIT-P3:

TRUE COPY OF THE LAND TAX RECEIPT DATED 22.06.2012. EXHIBIT-P4:

TRUE COPY OF THE APPLICATION DATED 04.11.2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT-P5:

TRUE COPY OF THE REPORT DATED 10.12.2014 SUBMITTED BY THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 30036 of 2015 ---------------------------------------- Dated this the 5th day of October, 2015

J U D G M E N T

Petitioner claims to be the owner and in possession of landed property having an extent of 22.500 cents comprised in Sy.No.258/16A1 of Kodamthuruthu Village. The petitioner approached the Revenue Divisional Officer by Ext.P4 application to get changed the nature of the petitioner's property in the Basic Tax Register as 'Purayidam' instead of 'Nilam'. On account of nonconsideration, petitioner approached this Court.

2. The Revenue Divisional Officer has no power to correct the B.T.R. However, he has power under clause 6 of the Kerala Land Utilisation Order to permit the petitioner to utilise the land for other purposes. It is seen from Ext.P5 report of the Village Officer that it is a converted land.

3. Therefore, this Court is of the view that the R.D.O. shall call

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for the report of the Agricultural Officer and find out the nature of the land. If it is not included in the draft data bank as 'nilam', paddy or wet land, the petitioner's request in terms of clause 6 shall be considered. If petitioner makes a request within two weeks from the date of receipt of a copy of this judgment under clause 6 of the Kerala Land Utilisation Order, the same shall be considered within a further period of two months after notice to the petitioner. If it is granted, it is open for the petitioner to approach the Tahsildar for reassessment under the Kerala Land Tax Act.

This writ petition is disposed of as above.

sd/- A.MUHAMED MUSTAQUE, Judge MBS/

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