2025:KER:20318 WP(C) No.9312 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 WP(C) NO. 9312 OF 2025 PETITIONER/S: JAIMY JOSEPH, AGED 63 YEARS S/O K.J. JOSEPH,KONDODICKAL HOUSE, MUTTAMBALAMP.O, KANJIKUZHI, KOTTAYAM DISTRICT, PIN - 686004 BY ADVS. P.K.SOYUZ E.V.BABYCHAN RESPONDENT/S: 1 REVENUE DIVISIONAL OFFICER, SUB COLLECTOR , KOTTAYAM REVENUE DIVISIONAL OFFICE,MINI CIVIL STATION, KOTTAYAM P.O,KOTTAYAM DISTRICT, PIN - 686001 2 THE TAHSILDAR (LR), KOTTAYAM TALUK, TALUK OFFICE,MINI CIVIL STATION, KOTTAYAM P.O.,KOTTAYAM DISTRICT, PIN - 686001 3 THE VILLAGE OFFICER, NATTAKOM VILLAGE , MARIYAPILLY P.O.,KOTTAYAM DISTRICT, PIN - 686013 OTHER PRESENT: Smt.Amminikutty.K, Sr.G.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:20318 WP(C) No.9312 OF 2025 2 J U D G M E N T The petitioner is the joint owner in possession of property having an extent of 10.52 Ares of land comprised in Re.Sy.No.339/14-4 and 339/16-2 in Block No.018 of Nattakom Village in Kottayam Taluk in Kottayam District. The predecessor in interest of the petitioner had already obtained Ext.P3 order in respect of the property of the petitioner under Clause 6 of the Kerala Land Utilisation Order, by which permission was granted to them to utilise the property for other purposes. The property was originally described as wet land. 2. On the strength of Ext.P3, the petitioner submitted Ext.P5 application along with Form-A to affect necessary changes in the land records relating to assessment of the property of the petitioner. 3. The grievances of the petitioner is that, the same is not being considered by the 2nd respondent. According to the learned counsel for the petitioner in the light of the observations made by the Hon'ble Supreme Court in Tahsildar Vs. Renjith George reported in 2025 KHC ONLINE 7012 and the observations made by this Court in LLMC, Kizhakkambalam Grama Panchayath and others 2025:KER:20318 WP(C) No.9312 OF 2025 3 v. Mariumma and another [2015 (2) KLT 516 (DB)] and Musthafa v. State of Kerala [2023 95) KHC 201, the petitioner is entitled to get the property reassessed without complying with the conditions stipulated in Sec.27A of the Kerala Paddy Land Act. As rightly pointed out by the petitioner, the position of law is settled in favour of petitioner as per the decision referred to above. 4. After hearing the learned counsel for the petitioner and the learned Govt. Pleader, I am inclined to dispose of this writ petition. . Accordingly, it is ordered that 2nd respondent shall consider Ext.P5 and an appropriate decision on the application submitted by the petitioner shall be taken considering Ext.P3 order passed under Clause 6 of the Kerala Land Utilisation Order, in the light of the observations and the principles laid down in the decisions referred above. Necessary orders in this regard shall be passed within a period of one month from the date of receipt of copy of this judgment by the 2nd respondent after verifying genuineness of the documents and examining other relevant aspects. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/22.03 2025:KER:20318 WP(C) No.9312 OF 2025 4 APPENDIX OF WP(C) 9312/2025 PETITIONER EXHIBITS Exhibit P1. TRUE COPY OF THE LAND TAX RECEIPT DATED 10.02.2023 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA BANK OF KOTTAYAM MUNICIPALITY DATED 19.01.2021 Exhibit P3 TRUE COPY OF THE ORDER NO. H 2257 /1994 DATED 20.11.1995 OF THE SUB COLLECTOR/RDO KOTTAYAM Exhibit P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 3 RD RESPONDENT VILLAGE OFFICER DATED 24.02.2025 Exhibit P5 TRUE COPY OF THE APPLICATION, ALONG WITH FORM NO. A APPLICATION DATED 31.01.2025 SENT TO THE 2 ND RESPONDENT BY THE PETITIONER DATED 31.01.2025 Exhibit P6 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT RECEIPT DATED 05.02.2025