2025:KER:27391 WP(C) No.43236 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 43236 OF 2024 PETITIONER/S: MINI ALIAS, AGED 51 YEARS W/O K P ALIAS, KOUNGAMPPILLIL HOUSE, THRIKKARIYOOR PO KOTHAMANGALAM, ERNAKULAM, PIN - 686692 BY ADVS. K.MOHANAKANNAN ADARSH MOHAN K. RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030 3 THE REVENUE DIVISIONAL OFFICER, GROUND FLOOR PATTIMATTOM-MUVATTUPUZHA ROAD, MUVATTUPUZHA, PIN - 686673 4 THE TAHSILDAR, FOURTH FLOOR, REVENUE TOWER SH 16, KOTHAMANGALAM, PIN - 686666 5 VILLAGE OFFICER, THRIKKARIYUR, THRIKARIYUR VILLAGE OFFICE, KOTHAMANGALAM, PIN – 686666 2025:KER:27391 WP(C) No.43236 OF 2024 2 6 THE LOCAL LEVEL MONITORING COMMITTEE, THRIKKARIYUR, REPRESENTED BY CONVENOR AGRICULTURAL OFFICER, KRISHI BHAVAN, THRIKKARIYUR, PIN - 686666 7 TAHSILDAR (LR) ( SOUGHT TO BE IMPLEADED ) KOTHAMANGALAM, 4 TH FLOOR, REVENUE TOWER SH 16, KOTHAMANGALAM ( SOUGHT TO BE IMPLEADED ) OTHER PRESENT: Smt.Deepa.V, G.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27391 WP(C) No.43236 OF 2024 3 J U D G M E N T The petitioner is in possession of property having an extent of 18.77 Ares of land comprised in Sy. No.561/2,4,5 and 16.19 Ares in Sy.No.569/1-2 of Thrikariyur Village in Kothamangalam Taluk in Ernakulam District. The said property is described as 'Nilam' in the revenue records. However, the petitioner had already obtained an order, as evidenced by Ext.P4, as early as on 24.11.2015 from the 3rd respondent, under Clause 6(2) of the Kerala Land Utilisation Order, by which he was permitted to use the property for non-agricultural purposes. Thereafter, as a portion of the property was included in the Data Bank prepared under Kerala Conservation of Paddy Land and Wetland Act, 2008, (herein after referred to as Paddy Land Act), the petitioner submitted Ext.P9 application in Form-5 which was ultimately allowed by the 3rd respondent as per Ext.P11 order. Accordingly, the said property is removed from the Data Bank as well. 2. Thereafter, on the strength of Ext.P4 order passed by the Revenue Divisional Officer, the petitioner approached the Tahsildar (LR), by filing an application in Form-A under Kerala Land Tax Act for changing the nature of assessment of the 2025:KER:27391 WP(C) No.43236 OF 2024 4 property in the revenue records. However, the said application was rejected by Ext.P12 order, by the 4th respondent directing that, the petitioner shall submit an application for changing the nature of land under Sec.27A of the Paddy Land Act, 2008. This writ petition is filed challenging Ext.P12 order. 3. After hearing the learned counsel for the petitioner and the learned Govt.Pleader, I find that Ext.P12 cannot be upheld. This is particularly because, the issue raised by the petitioner is covered in his favor in the decision rendered by the Hon’ble supreme court in Civil Appeal No.14732 of 2024 (The Tahsildar & Anr v. Renjith Geroge) wherein it is held that, in cases where, the owner of the property obtained order, in his favour, under Clause 6(2) of the Kerala Land Utilisation Order, he need not undergo the conditions contemplated under Sec.27A of the Paddy land Act. 4. Therefore, in the light of legal principles laid down by the Hon'ble Supreme Court, the reasons on which Ext.P12 order was passed, cannot be accepted. Therefore, the matter requires reconsideration. However, at this juncture, the learned Govt.Pleader pointed out that the proper authority to consider the Form-A application is Tahsildar (LR) who is the additional 7th 2025:KER:27391 WP(C) No.43236 OF 2024 5 respondent herein. The said contention is legally sustainable. In such circumstances, this writ petition is disposed of quashing Ext.P12, with a direction to the 4th respondent to forward the application submitted by the petitioner in Form-A along with the records, to the additional 7th respondent, within a period of two weeks and upon receipt of the same, the additional 7th respondent shall take a decision on Form A application without insisting for submission of application in Form-6 and complying with the conditions stipulated in Sec.27A of the Paddy Land Act. The necessary orders in this regard shall be passed within a period of one month from the date of receipt of the application as referred to above. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/0204 2025:KER:27391 WP(C) No.43236 OF 2024 6 APPENDIX OF WP(C) 43236/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 18-5-2022 ISSUED BY THE THRIKARIYOOR VILLAGE OFFICE Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 7-4- 2021 Exhibit P4 TRUE COPY OF THE ORDER A9/7102/2015/ K.DIS DATED 24-11-2015 OF THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE ORDER NO.C3/6499/16/ 123/16- 17 ON 22-9-2016 Exhibit P6 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO. 36359/2016 DATED 23-6-2017 Exhibit P7 TRUE COPY OF THE APPLICATION FOR DELETION OF THE PROPERTY IN SY NO.561/2 FROM THE DATA BANK BEFORE THE LLMC ON 21-1-2017 Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 4TH RESPONDENT DATED 20-4-2022 Exhibit P9 TRUE COPY OF FORM 5 APPLICATION DATED 19-5- 2022 SUBMITTED BEFORE THE 3RD RESPONDENT Exhibit P10 TRUE COPY OF FORM JUDGMENT IN WRIT PETITION(C) NO.35225/2023 DATED 27-10-2023 Exhibit P11 TRUE COPY OF THE PROCEEDINGS NO.4750/2024 DATED 29-5-2024 OF THE 3RD RESPONDENT Exhibit P12 TRUE COPY OF THE COMMUNICATION FILE NO.TLKKMG 1526/2024-A12 DATED 23-10-2024 SENT BY THE TALUK OFFICE TO THE PETITIONER