Paul K.K vs Revenue Divisional Officer And Ors

The petitioner is the owner in possession of an extent of 54.48 cents (22.05 Ares) of property in Sy.No.545/3 (Old Sy.No.94/3) of Kallettumkara Village. The petitioner claims that the land though classified as 'Nilam' in the BTR, it was converted/reclaimed much prior to the commencement of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The concern in the present writ petition is confined to an extent of 41 cents (16.59 Ares) from out of the total extent of 54.48 cents (22.05 Ares).

The petitioner was, as per Ext.P1 order dated 27.01.1990, granted permission under Clause 6 of the Kerala Land Utilisation Order, 1967, to utilise 41 cents of property for construction of a residential building. The petitioner vouches that the land is not included in the Data Bank maintained under the Kerala Conservation of Paddy Land and Wet Land Act, 2008. He has submitted an application under the Kerala Land Tax Act before the 1st respondent, Revenue Divisional Officer, seeking re-assessment of the tax and for making necessary entries in the BTR and revenue records regarding the nature of the land. The petitioner seeks for a direction to the 1st respondent for passing appropriate orders thereon.

Accordingly, the writ petition is disposed of directing the 1st respondent to pass orders on the application submitted by the petitioner in terms of the Kerala Land Tax Act, after verification of Ext.P1 order, as expeditiously as possible and at any rate, within a period of two months from the date of receipt of a copy of this judgment.