Extracted from the PDF above. The PDF is authoritative.
2025:KER:30078 WP(C) NO. 13786 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. 13786 OF 2025 PETITIONER:
SUNIL HARIDAS AGED 53 YEARS S/O. A. HARIDAS, 'SHREE', PLOT NO.357, CHANDRANAGAR EXTENSION CHANDRANAGAR P.O., PALAKKAD DISTRICT, PIN - 678007 BY ADV P.RAMACHANDRAN RESPONDENTS: 1 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, PALAKKAD, PIN - 678001 2 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, PALAKKAD, PIN - 678001 3 THE TAHSILDAR (LR), PALAKKAD TALUK OFFICE, CIVIL STATION, PALAKKAD, PIN - 678001 4 THE VILLAGE OFFICER, MARUTHAROAD VILLAGE OFFICE, CHANDRANAGAR P.O., PALAKKAD DISITRICT, PIN - 678007 SRI. RAJEEV JYOTHISH GEORGE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:30078 WP(C) NO. 13786 OF 2025 2 T.R. RAVI, J. -------------------------------------------- W.P(C). No. 13786 of 2025 -------------------------------------------- Dated this the 7th day of April, 2025
JUDGMENT The prayer in the writ petition is for a direction to the 3rd respondent to consider and pass orders on Ext.P7 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 2007. 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:30078 WP(C) NO. 13786 OF 2025 3 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.P7 application in Form A, if received and pending, 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:30078 WP(C) NO. 13786 OF 2025 4 APPENDIX OF WP(C) 13786/2025 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE SALE DEED DATED 29.09.2008 BEARING NO.8464/2008 OF S.R.O PALAKKAD Exhibit -P2 TRUE COPY OF THE ORDER BEARING NO.D.DIS.M 2645/05 DATED 06.09.2007 BY THE 2ND RESPONDENT Exhibit -P2(a) THE TYPE WRITTEN COPY OF EXHIBIT-P2 Exhibit -P3 TRUE COPY OF THE ORDER DATED 03.08.2020 BEARING NO.178252/2020 BY THE 2ND RESPONDENT Exhibit -P3(a) THE TYPE WRITTEN COPY OF EXHIBIT-P3 Exhibit -P4 TRUE COPY OF THE DEMAND NOTICE DATED 19.11.2020 BEARING FILE NO.RDO/PKD/1392/2020-J1 BY THE 2ND RESPONDENT Exhibit -P5 TRUE COPY OF THE APPEAL NO.11575/2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit -P6 TRUE COPY OF THE JUDGMENT DATED 23.11.2023 IN W.P(C) 38404/2023 ON THE FILED OF THIS HONOURABLE COURT Exhibit -P7 TRUE COPY OF THE APPLICATION DATED 19.03.2025 BEFORE THE 3RD RESPONDENT ALONG WITH THE ACKNOWLEDGEMENT RECEIPT DATED 19.03.2025