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2025 DAILYLAW 4507 (KER)

MUMTHAS BASHEER v. THE REVENUE DIVISIONAL OFFICER, PALAKKAD

WP(C)/10155/2025 · 2025-04-07

T R Ravi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:30853 WP(C) NO. 10155 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 10155 OF 2025 PETITIONER: MUMTHAS BASHEER AGED 52 YEARS W/O. HYDER HAJI, RESIDING AT KADEEJA MANZIL, CHERIYAMPURATHU, AKALUR P.O, OTTAPALAM, PALAKKAD DISTRICT, PIN – 679302. BY ADVS. JACOB SEBASTIAN WINSTON K.V ANU JACOB ANJANA KRISHNAN BHARATH KRISHNAN G. ANJANA A.S. RESPONDENTS: 1 THE REVENUE DIVISIONAL OFFICER, PALAKKAD REVENUE DIVISIONAL OFFICE, VIDYUT NAGAR, PARAKKUNNAM, PALAKKAD DISTRICT, PIN – 678001. 2 THE ADDITIONAL TAHSILDAR (LAND RECORDS), TALUK OFFICE, CIVIL STATION, PALAKKAD DISTRICT, PIN – 678001. 3 THE VILLAGE OFFICER PALAKKAD-III VILLAGE OFFICE, PUTHUR ROAD, KOPPAM P.O, PALAKKAD DISTRICT, PIN – 678001. 2025:KER:30853 WP(C) NO. 10155 OF 2025 2 4 THE AGRICULTURAL OFFICER FOR THE PALAKKAD MUNICIPALITY KRISHI BHAVAN, KUNNATHURMEDU, PALAKKAD DISTRICT, PIN – 678013. SMT. DEVISHREE, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30853 WP(C) NO. 10155 OF 2025 3 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.10155 of 2025 -------------------------------------------- Dated this the 07th day of April, 2025 JUDGMENT The prayer in the writ petition is to set aside Ext.P10 order, whereby the application in Form A was rejected and for a reconsideration of the Form A application as per the Kerala Land Tax Rules, 1972 without insisting the procedure contemplated under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, “the 2008 Act”). 2. In similar circumstances, this Court in W.P.(C) No.42972 of 2024 had issued directions to consider and pass orders on the application submitted by the petitioner under Section 6A of the Kerala Land Tax Act. The facts in this case are also similar. The petitioner is hence entitled to the same benefit as in the case of the petitioner in W.P.(C) No.42972 of 2024. The 2025:KER:30853 WP(C) NO. 10155 OF 2025 4 writ petition is hence allowed. The 2nd respondent is directed to consider and pass orders on Ext.P4 application in Form A, in accordance with law, after hearing the petitioner and with due reference to the judgment in W.P.(C) No.42972 of 2024 without insisting on the procedure laid down in Section 27A of the 2008 Act, at the earliest, at any rate, within four months from the date of receipt of a certified copy of this judgment. Sd/- T.R.RAVI JUDGE mpm 2025:KER:30853 WP(C) NO. 10155 OF 2025 5 APPENDIX OF WP(C) 10155/2025 PETITIONER’S EXHIBITS Exhibit-P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 02.09.2024 ISSUED BY THE THIRD RESPONDENT. Exhibit-P2 A TRUE COPY OF THE BUILDING PERMIT DATED 23.05.2002 ISSUED FROM THE PALAKKAD MUNICIPALITY TO THE P.M. YOHANNAN. Exhibit-P3 A TRUE COPY OF THE ORDER NO. 531/2025 DATED 04.02.2025 ISSUED BY THE FIRST RESPONDENT. Exhibit-P4 A TRUE COPY OF THE COVERING LETTER AND APPLICATION DATED 19.02.2025 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT ALONG WITH RECEIPT ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT. Exhibit-P5 A TRUE COPY OF THE ORDER DATED 10.02.2021 IN R.P NO. 58/2021 IN W.P.(C) NO. 27496/2020 OF THIS HON’BLE COURT.