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2025 DAILYLAW 5863 (KER)

PRAVEEN ANTONY v. REVENUE DIVISIONAL OFFICER

WP(C)/13077/2025 · 2025-04-03

T R Ravi

Writ Petition (Civil)body2025

Judgment text

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2025:KER:28598 WP(C) NO. 13077 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13077 OF 2025 PETITIONER: PRAVEEN ANTONY AGED 41 YEARS S/O MATHEW FRANCIS, RESIDING AT KATTOOKARAN HOUSE, MANALUR, THRISSUR, PIN - 680617 BY ADVS. MATHEW THOMAS ANAND KRISHNA DIPAK CHERIAN ABRAHAM RESPONDENTS: 1 REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, COLLECTORATE, THRISSUR, PIN - 680003 2 TAHSILDAR (LAND RECORDS) TALUK OFFICE, PALACE ROAD, THRISSUR, PIN - 680020 3 VILLAGE OFFICER MANALUR VILLAGE OFFICE, 2025:KER:28598 WP(C) NO. 13077 OF 2025 2 THRISSUR-VADANAPPALLY ROAD KANJANY, THRISSUR, PIN - 680612 SMT. DEEPA NARAYANAN, SR.GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28598 WP(C) NO. 13077 OF 2025 3 T.R. RAVI, J. -------------------------------------------- W.P.(C). No.13077 of 2025 -------------------------------------------- Dated this the 3rd day of April, 2025 JUDGMENT The prayer in the writ petition is for a direction to the 2nd respondent to consider and pass orders on Ext.P4 application submitted in Form A of 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 the case on hand, the order under the Kerala Land Utilisation Order, 1967 was issued in 1995. In similar circumstances, this Court had in W.P.(C) No.42972 of 2024, which is produced as Ext.P6, 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 writ petition is hence allowed. The 2nd respondent is directed to consider and pass orders on Ext.P4 application in Form A, after hearing the 2025:KER:28598 WP(C) NO. 13077 OF 2025 4 petitioner and with due reference to the judgment referred above 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 Pn 2025:KER:28598 WP(C) NO. 13077 OF 2025 5 APPENDIX OF WP(C) 13077/2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTERED DEED NO. 1647/2006 DATED 24.06.2006 Exhibit P2 TRUE COPY OF THE TAX PAID RECEIPT OF THE AFOREMENTIONED PROPERTY DATED 04.02.2025 BEARING NUMBER KL08011500368/2025 Exhibit P3 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT RDO ISSUED UNDER CLAUSE 6(2) OF THE KLU ORDER,1967 BEARING FILE NUMBER KDIS:- 6182/95/D1 DATED 29.06.1995 SANCTIONING THE CONVERSION OF THE LAND Exhibit P4 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT TAHSILDAR UNDER FORM A OF THE KERALA LAND TAX RULES, 1972 ALONG WITH THE REPRESENTATION Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT TAHSILDAR ACKNOWLEDGING RECEIPT OF EXT. P4 DATED 17.02.2025 BEARING NUMBER B10/1015376/2025 Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN WP(C) 42972 OF 2024 DATED 09.02.2025