WP(C)/35866/2019 of IQBAL T.M., Vs THE REVENUE DIVISIONAL OFFICER, on 31 December 2019

Conclusion

JUDGMENT

The petitioner claims to be the absolute owner inpossession of the properties covered by Ext.P1 land taxreceipt and Ext.P2 possession certificate.

2. The petitioner has averred in the writ petitionthat his property has been wrongly included in the databank maintained by the 3[rd] respondent, wherein, it is shownthat the property is a “converted land” instead of“purayidom”. According to the petitioner, the property wasconverted more than two decades back, which is evidencedby Ext.P3 submitted by the 3[rd] respondent. In the abovecircumstances, the petitioner has filed Ext.P4 before the 1[st]respondent, which is pending consideration.

3. The limited prayer of the petitioner is to directthe 1[st] respondent to consider Ext.P4 application filed underSection 27A of the Kerala Conservation of Paddy Land andWetland Act, 2008, for changing the category of the petitioner's property in the basic tax register and re-assessthe land tax.

4. Even though the 1[st] respondent has called forExts.P7 and P8 reports, he has not passed any order onExt.P4 application. The petitioner is desirous of constructinga residential building in the property, but he is unable to doso because of the pendency of Ext.P4. Hence the petitionerseeks for an early disposal of Ext.P4 application by the 1[st]respondent.

5. Heard Adv.Feroze.D, the learned counsel for thepetitioner and the learned Government Pleader for therespondents.

6. Having regard to the fact that Ext.P4 applicationis pending before the 1[st] respondent since 29.8.2019, andthat the petitioner is desirous of constructing a residentialbuilding in his property, but it is precluded from doing thesame due to non-consideration of Ext.P4, I deem it just andappropriate to direct the 1[st] respondent to take up Ext.P4application and consider the same, in accordance with law,after affording the petitioner an opportunity of being heard.The needful shall be done as expeditiously as possible, at any rate, within two months from the date of receipt of acopy of this judgment.

The writ petition is ordered accordingly.

ma

Sd/- C.S.DIAS, JUDGE

/True copy/

P.S to Judge

WP(C).No.35866 OF 2019

5

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1

TRUE COPY OF THE LAND TAX RECEIPT ISSUED FROM EDAPALLY NORTH VILLAGE OFFICE, DATED 10.07.2019.

EXHIBIT P2

A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED FROM EDAPALLY NORTH VILLAGE OFFICE, DATED 10.10.2019.

EXHIBIT P3

TRUE COPY OF THE REPORT ISSUED BY 3RD RESPONDENT DATED 12.03.2019.

EXHIBIT P4

TRUE COPY OF FORM NO. 6 APPLICATION FILED BEFORE 1ST RESPONDENT.

EXHIBIT P5

TRUE COPY OF THE RECEIPT ISSUED BY 1ST RESPONDENT.

EXHIBIT P6

A TRUE COPY OF THE CHALLAN DATED 23.02.2019.23.02.2019.

EXHIBIT P7

TRUE COPY OF THE INSPECTION REPORT DATED 27.08.2019 ISSUED FROM EDAPALLY NORTH VILLAGE, OFFICE.

EXHIBIT P8

TRUE COPY OF THE REPORT ABOUT FAIR VALUE OF PETITIONERS PROPERTY DATED 27.08.2019 ISSUED FROM EDAPALLY NORTH VILLAGE OFFICE.