1 W.P(C) No.39713 of 2023 2025:KER:26399 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO.39713 OF 2023 PETITIONER: RACHELAMMA K.G., AGED 63 YEARS, W/O JOLLY ISAC, KANDATHIL HOUSE, SWTS ROAD, ASSISSI PADI, ALUVA, ERNAKULAM DISTRICT, PIN - 683101 BY ADVS. T.P.PRADEEP P.K.SATHEES KUMAR R.K.PRASANTH MINIKUMARY M.V. JIJO JOSEPH RESPONDENTS: 1 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, THIRUVALLA, PIN - 689101 2 THE LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY CONVENER/THE AGRICULTURAL OFFICER, KRISHI BHAVAN, NIRANAM, PIN - 689621 3 THE TAHSILDAR (LR), TALUK OFFICE, REVENUE TOWER, THIRUVALLA, PIN – 689101. 4 THE VILLAGE OFFICER, VILLAGE OFFICE, NIRANAM, PATHANAMTHITTA DISTRICT, PIN – 689621. BY SENIOR GOVERNMENT PLEADER, SRI.E.G.GORDEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 W.P(C) No.39713 of 2023 2025:KER:26399 JUDGMENT The petitioner has filed the captioned writ petition with respect to an extent of property held by him falling under Survey No.267/9 of Niranam Village. The petitioner, with reference to Exts. P4, P5, P6 – BTR and other records – contends that originally, the afore-mentioned property was not described as ‘paddy land’ but was specifically described as 'Purayidam'. However, the petitioner points out that when he attempted to remit tax during 2019, tax was accepted as evidenced by Ext.P7 receipt, pointing out the property as paddy land, presumably on the basis of Ext.P8 supplementary BTR. A reference to the afore supplementary BTR would show that the same has been preferred on the basis of some settlement register as admitted in Ext.P11 order issued by the Tahsildar. 2. It is in such circumstances that the petitioner has filed the captioned writ petition. 3. I have heard Sri.T.P.Pradeep, the learned counsel for the petitioner and Sri.E.G.Gorden, the learned Senior Government 3 W.P(C) No.39713 of 2023 2025:KER:26399 Pleader. 4. The petitioner has relied on the findings contained in Ext.P11 order to contend that the reliance placed on the old settlement register for the preparation of supplementary BTR is without any justification and arbitrary. This Court notices that a learned Single Judge of this Court in Indira P.S. and Others v. Sub Collector, Fort Kochi and Another [2020 (4) KLT 635] has considered the very same question with reference to the entries in BTR, as against entries/descriptions in the old settlement register and found that there cannot be any reliance placed on the description in the old settlement register as against the findings/entries in the BTR. In the light of the above, I am of the opinion that the consideration made in Ext.P11 is without any justification and arbitrary. In the afore background, the entries in Ext.P8 cannot also be sustained. Therefore, this writ petition would stand allowed, by setting aside Ext.P11 issued by the Tahsildar - the 3rd respondent herein and directing the Tahsildar to pass a fresh order after referring 4 W.P(C) No.39713 of 2023 2025:KER:26399 to the dictum laid down by this Court in Indira P.S. and Others v. Sub Collector, Fort Kochi and Another [2020 (4) KLT 635], as expeditiously as possible, at any rate, within twelve weeks from today. So as to facilitate the above, the findings contained in Ext.P8 supplementary BTR would also stand dismissed, insofar as that covers the properties in Survey No.267/9 of Niranam Village. Sd/- HARISANKAR V. MENON JUDGE ln 5 W.P(C) No.39713 of 2023 2025:KER:26399 APPENDIX OF WP(C) 39713/2023 PETITIONER’S EXHIBITS: EXHIBIT P1 TRUE COPY OF SETTLEMENT DEED DOCUMENT NO. 1240/2008 OF SUB REGISTRAR OFFICE, KADAPRA. EXHIBIT P2 TRUE COPY OF SETTLEMENT DEED DOCUMENT NO. 1239/2008 OF SUB REGISTRAR OFFICE, KADAPRA. EXHIBIT P3 TRUE COPY OF SALE DEED DOCUMENT NO. 98/2014 OF SUB REGISTRAR OFFICE, KADAPRA. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF THE BTR. EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 15.09.23 ISSUED BY THE AGRICULTURAL OFFICER , KRISHIBHAVAN, NIRANAM. EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGE OF THE THANDAPER REGISTER. EXHIBIT P7 TRUE COPY OF THE TAX RECEIPT DATED 05.04.2019. EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGE OF SUPPLEMENTARY BTR. EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 08.08.2019 SUBMITTED BEFORE THE 1ST RESPONDENT. EXHIBIT P10 TRUE COPY OF THE REPORT OF THE 4TH THE RESPONDENT DATED 29/10/19. EXHIBIT P11 TRUE COPY OF THE ORDER DATED 17.03.2023 OF THE 3RD RESPONDENT.