High Court of KeralaWP(C)/39063/2015disposed of

Sudheer Represented By His Power Of Attorney Holder Sri.Madhavan.K v. Village Officer, Kallikadu Village

2015-12-22Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 39063 of 2015 (G) ---------------------------- PETITIONER:

----------- SUDHEER, S/O.VIDHYADHARAN, 'SREEJA BHAVAN', HOUSE NO 2280(411) KALLIKADU, NEYYAR DAM P O, NEYYATTINKARA TALUK THIRUVANANTHPAURAM REP BY HIS POWER OF ATTORNEY SRI MADHAVAN K S/O KAMALASANA PANICKER, RAJEEV BHAVAN, PAZHAYAKOTTAPURAM, KALLIKADU NEYYAR DAM, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM KERALA BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENTS:

----------- 1.VILLAGE OFFICER, KALLIKADU NEYYAR DAM, NEYYATTINKARA TALUK THIRUVANANTHAPURAM 695121 2.THE DISTRICT COLLECTOR THIRUVANANTHAPURAM 695001 BY SRI C.K.SHERIN, GOVERNMENT PLEADER THIS WRIT PETITION(CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 39063 of 2015 (G) ---------------------------- APPENDIX --------- PETITIONER(S)' EXHIBITS ----------------------- P1:

COPY OF SALE DEED NO 257/2015 DTD 31/3/2015 EXECUTED IN FAVOUR OF THE PETITIONER P2:

COPY OF THE SETTLEMENT DEED NO 727/1995 DTD 16/5/1995 WHICH IS THE PRIOR DEED OF THE EXT P1 P3:

COPY OF THE CERTIFICATE DTD 18/9/2015 ISSUED BY THE IST RESPONDENT P4:

COPY OF THE REPRESENTATION DTD 15/10/2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS: N I L ----------------------- //TRUE COPY// P.A. TO JUDGE JV

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.39063 of 2015 ****************************************************************************** Dated this the 22nd day of December, 2015

JUDGMENT

The petitioner approached the second respondent by Ext.P4 to correct the Basic Tax Register by re-classifying his land as 'nilam' to 'dry land'.

This Court is of the view that the second respondent has no power under law to re-classify the land. However, if the petitioner's land is a converted paddy land, he is free to approach the District Collector under Section 3A of the amended provisions of the Act 28/2008. If the petitioner makes a requisite application in the form prescribed under the Act 28/2008, the same shall be considered for regularization within two months from the date of receipt of the application. If the regularization is granted, it is open for the petitioner to

W.P.(C) No.39063 of 2015 2 approach the Tahsildar to reassess the land under the Kerala Land Tax Act. Once the regularization is granted, the petitioner is free to utilize the land in accordance with law as 'dry land'. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln