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2025 DAILYLAW 6826 (KER)

M/S. MARSHAL BUILDERS v. REVENUE DIVISIONAL OFFICER

WP(C)/14133/2025 · 2025-04-07

T R Ravi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 14133 OF 2025 1 2025:KER:30133 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. 14133 OF 2025 PETITIONER: M/S. MARSHAL BUILDERS HAVING ITS REGISTERED ADDRESS AT, PADIKKAL HOUSE, PERAMANGALAM P.O, THRISSUR. REPRESENTED BY ITS MANAGING PARTNER, P. BHASI @ RAAMU, AGED 61 YEARS, S/O. KOCHUNNI NAIR, RESIDING AT, PADIKKAL HOUSE, PERAMANGALAM P.O, THRISSUR., PIN – 680 545 BY ADVS. SRI.MATHEW THOMAS SRI.ANAND KRISHNA RESPONDENTS: 1 REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, COLLECTORATE, THRISSUR, PIN – 680 003 2 TAHSILDAR (LAND RECORDS) TALUK OFFICE, PALACE ROAD, THRISSUR, PIN – 680 020 3 VILLAGE OFFICER THRISSUR VILLAGE OFFICE, NEAR VADAKKECHIRA, CHEMBUKKAVU P.O., THRISSUR, PIN – 680 020 SMT.DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14133 OF 2025 2 2025:KER:30133 T.R.RAVI.J --------------------------------------- WP(C) No.14133 of 2025 --------------------------------------- Dated this the 07th 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 Utlisation Order, 1967 was issued in 1995. 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. 3. The petitioner is hence entitled to the same benefit as in the case of the petitioner in W.P.(C) No.42972 of 2024. This 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 petitioner and with due reference to the judgment in W.P.(C) WP(C) NO. 14133 OF 2025 3 2025:KER:30133 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 sn JUDGE WP(C) NO. 14133 OF 2025 4 2025:KER:30133 APPENDIX OF WP(C) 14133/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTERED DEED NO. 5059/2004 DATED 26.09.2004 OF THRISSUR SRO Exhibit P1(a) TRUE COPY OF THE REGISTERED DEED NO. 7223/2004 DATED 26.10.2004 OF THRISSUR SRO Exhibit P2 TRUE COPY OF THE TAX PAID RECEIPT OF THE AFOREMENTIONED PROPERTY DATED 17.05.2024 Exhibit P3 TRUE COPY OF THE KLU ORDER,1967 BEARING FILE NUMBER KDIS:- 6907/95/D1 DATED 29.06.1995 Exhibit P3(a) TRUE COPY OF THE KLU ORDER,1967 BEARING FILE NUMBER KDIS:- 6929/95/D1 DATED 29.06.1995 Exhibit P3(b) TRUE COPY OF THE KLU ORDER,1967 BEARING FILE NUMBER KDIS:- 6931/95/D1 DATED 29.06.1995 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 ACKNOWLEDGING RECEIPT OF EXT. P4 DATED 21.03.2025 Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN WP(C) 42972 OF 2024 DATED 09.01.2025