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2025 DAILYLAW 6214 (KER)

LALITHA v. REVENUE DIVISIONAL OFFICER

WP(C)/12732/2025 · 2025-03-27

T R Ravi

Writ Petition (Civil)body2025

Judgment text

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2025:KER:26448 WP(C) NO. 12732 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12732 OF 2025 PETITIONER: LALITHA AGED 72 YEARS W/O. LATE. BALAKRISHNAN VETTATHU KOTTEPARAMBIL KAIPARAMBU, THRISSUR DISTRICT, KERALA, PIN - 680546 BY ADVS. RAVI KRISHNAN ANJU P. RESPONDENTS: 1 REVENUE DIVISIONAL OFFICER CIVIL STATION, AYYANTHOLE, THRISSUR, KERALA, PIN - 680003 2 DEPUTY COLLECTOR (R.R) CIVIL STATION, AYYANTHOLE, THRISSUR, KERALA, PIN - 680003 3 THE TAHSILDAR(LR), TALUK OFFICE THRISSUR THRISSUR DISTRICT, KERALA, PIN - 680020 4 THE VILLAGE OFFICER VILLAGE OFFICE, KAIPARAMBU VILLAGE, KAIPARAMBU, THRISSUR DISTRICT, KERALA, PIN - 680546 2025:KER:26448 WP(C) NO. 12732 OF 2025 2 SRI. RAJEEV JYOTHISH GEORGE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26448 WP(C) NO. 12732 OF 2025 3 T.R. RAVI, J. -------------------------------------------- W.P(C). No. 12732 of 2025 -------------------------------------------- Dated this the 27th day of March, 2025 JUDGMENT The prayer in the writ petition is for a direction to the 3rd respondent to consider and pass orders on Ext.P3 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 Utlisation Order, 1967 was issued in 1989. 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 2025:KER:26448 WP(C) NO. 12732 OF 2025 4 as in the case of the petitioner in W.P.(C) No.42972 of 2024. This writ petition is hence allowed. The 3rd respondent is directed to consider and pass orders on Ext.P3 application in Form A, 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 LEK 2025:KER:26448 WP(C) NO. 12732 OF 2025 5 APPENDIX OF WP(C) 12732/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 21.08.2023 Exhibit P2 TRUE COPY OF THE KLU ORDER PASSED BY THE 1ST RESPONDENT DATED 25.02.1989 Exhibit P3 TRUE COPY OF THE FORM A UNDER SECTION 6 OF KERALA LAND TAX ACT DATED 5.12.2022 Exhibit P4 TRUE COPY OF JUDGMENT DATED 3.11.2023 IN W.P (C ) NO.29836/2023 OF THIS HON’BLE COURT Exhibit P5 TRUE COPY OF THE ORDER DATED 18.1.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER DATED 6.3.2025 ISSUED BY THE 2ND RESPONDENT