High Court of KeralaSingle Judge2022-03-10Writ petition disposed of with directions. The ...

Annie John and Others v. Revenue Divisional Officer, Fort Kochi and Others

Case / Petition Number:WP(C).No.30719 OF 2021

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anu Sivaraman
Judgment Date: 2022-03-10
Court Decision / Holding: This writ petition is ordered accordingly. The 1st respondent is directed to consider Ext.P13 (Form No.5) after obtaining inputs (including the Agricultural Officer's report) and pass appropriate orders within two months. If the petitioners file a proper Form A under Section 6A within two weeks before the 6th respondent, those applications shall be considered and appropriate orders passed after verifying all relevant aspects, the orders under the Kerala Land Utilization Order, and the property's identity. The 6th respondent shall consider the cited precedents (Tahsildar v. Renjith George; District Collector v. Fr. Jose Uppani) and act accordingly within two months if the property is excluded from the data bank. If orders exclude the property from the data bank, steps shall be taken as per law within two months thereafter.
Final Disposition: Writ petition disposed of with directions. The 1st respondent is directed to consider Ext.P13 (Form No.5) within two months after collecting inputs, and, if a proper Form A under Section 6A is filed within two weeks, to proceed. The 6th respondent is to consider Form A and prior orders in light of Tahsildar v. Renjith George and Uppani, and, if the property is excluded from the data bank, to take steps within two months thereafter.

Parties to the Case

Appellants / Petitioners

Annie John
Dr. George P. John
Thomas P John
Kurian P John

Respondents

Revenue Divisional Officer, Fort Kochi
Tahsildar, Kanayannur Taluk Office
Village Officer, Kakkanadu Village
Local Level Monitoring Committee
District Collector, Ernakulam
Tahsildar (LR), Kanayannur Taluk Office
Additional 6th Respondent Suo Motu Impleaded

Legal Representation & Advocates

Counsels for Petitioners

• Varughese M
• Easo Vivek Varghese P.J.

Counsels for Respondents

• Princy Xavier (Senior Government Pleader)

Case Synopsis & Summary

This writ petition under WP(C) No. 30719 of 2021 is filed in the Kerala High Court by Annie John and three other family members (represented by Annie John as power of attorney holder) seeking expeditious consideration of an Ext.P13 application (Form No.5) under the Kerala Conservation of Paddy Land and Wetland Act, 2008, for deletion of the subject property from the data bank, and directions to the additional 6th respondent Tahsildar (LR) to accept an application submitted under Section 6A of the Kerala Land Tax Act, 1961, to carry out corrections in the Basic Tax Register, taking into account a prior order under the Kerala Land Utilization Order, 1967 (KLUO). The petition concerns 87.04 ares in Re-survey No. 109/1-5, Block 7, Kakkanad, Kanayannur Taluk, Ernakulam, with deed evidence (Exhibit P1) and family heirs (Exhibit P3). The petitioners allege past permissions (Exhibit P4 and P4(A)-(D)) and seek deletion from the data bank and conversion/correction in tax records. The respondents contest that Form A under Section 6A has not been properly filed, but the court notes that predecessors obtained permission in 1996 and directs consideration of Ext.P13 after inputs, with a two-month deadline, including an opportunity to file Form A within two weeks. The court also directs the additional 6th respondent to follow relevant precedents (Tahsildar v. Renjith George; District Collector v. Fr. Jose Uppani) and complete orders within two months if the property is excluded from the data bank.

Provisions of Law Cited

Kerala Conservation of Paddy Land and Wetland Act, 2008Kerala Land Tax Act, 1961Kerala Land Utilization Order, 1967Section 6A of the Kerala Land Tax Act, 1961clause 6(2) of the Kerala Land Utilization Order, 1967

Legal Doctrines & Maxims

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit Ext.P13 (Form No.5) under the Kerala Conservation of Paddy Land and Wetland Act, 2008 for deletion of the subject land from the data bank and seek acceptance of Form A under Section 6A of the Kerala Land Tax Act, 1961, with corrections in the Basic Tax Register in light of Ext.P4 under the Kerala Land Utilization Order, 1967. They rely on prior permissions (Exhibits P4 and P4(A)-(D)) and submit that the predecessors obtained permission in 1996; Ext.P14 (Form A) was filed. The petition contends expeditious processing within two months and compliance with orders and identity verification.

Contentions of Respondents

The Government Pleader submits that Form A under Section 6A was not properly filed; if a due-form Form A is submitted, it will be considered as per law. The respondents emphasize the need to verify identity and legal inputs before taking a decision, including the data bank exemption/retention and ensuring consistency with prior orders and the KLUO.

Cited Precedents (4)

Case Name	Citation	Treatment	Explanation
Tahsildar Vs. Renjith George	2020(1) KHC 865	Positive	Cited as a controlling precedent to be considered by the additional 6th respondent while passing orders.
District Collector, Ernakulam and others v. Fr.Jose Uppani and others	2020 (4) KLT 612	Positive	Cited as a controlling precedent to be considered by the additional 6th respondent while passing orders.
Judgment dated 19.01.2016 in W.P. C 269/2016	W.P. C 269/2016 (2016)	Mentioned Only	Exhibited as a past judgment; referenced for context, not as direct authority for the present relief.
Judgment dated 22/11/2021 in WP(C) No 21445/2021	WP(C) No 21445/2021	Mentioned Only	Exhibited as a related judgment; referenced for context, not as direct controlling authority.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 10[TH] DAY OF MARCH 2022 / 19TH PHALGUNA, 1943** ## **WP(C) NO. 30719 OF 2021** ## **PETITIONERS:** 1 ANNIE JOHN, AGED 71 YEARS W/O. LATE GEORGE JOHN, MATTAPALLIL, 49/1878B, SURAJ ENCLAVE, RAGHAVAN PILLAI ROAD, EDAPPALLY NORTH VILLAGE, EDAPPALLY P.O, ERNAKULAM , PIN 682 024. 2 DR. GEORGE P. JOHN, S/O. LATE GEORGE JOHN, MATTAPALLIL , 49/1878B, SURAJ ENCLAVE, RAGHAVAN PILLAI ROAD, EDAPPALLY NORTH VILLAGE, EDAPPALLY P.O, ERNAKULAM , PIN 682 024. 3 THOMAS P JOHN, S/O. LATE GOERGE JOHN, MATTAPALLIL , 49/1878B, SURAJ ENCLAVE, RAGHAVAN PILLAI ROAD, EDAPPALLY NORTH VILLAGE, EDAPPALLY P.O, ERNAKULAM, PIN 682 024, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ANNIE JOHN, AGED 71 YEARS, W/O. LATE GEROGE JOHN, MATTAPPALLIL , 49/1878B, SURAJ ENCLAVE, RAGHAVAN PILLAI ROD, EDAPPALLY P.O, ERNAKULAM , PIN 682 024. 4 KURIAN P JOHN, S/O. LATE GOERGE JOHN, MATTAPALLIL , 49/1878B, SURAJ ENCLAVE, RAGHAVAN PILLAI ROAD, EDAPPALLY NORTH VILLAGE, EDAPPALLY P.O, ERNAKULAM, PIN 682 024, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ANNIE JOHN, AGED 71 YEARS, W/O. LATE GEROGE JOHN, MATTAPPALLIL , 49/1878B, SURAJ ENCLAVE, RAGHAVAN PILLAI ROD, EDAPPALLY P.O, ERNAKULAM , PIN 682 024. BY ADVS. VARUGHESE M EASO VIVEK VARGHESE P.J. ## **RESPONDENTS:** 1 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, FORT KOCHI P.O, 682 001, ERNAKULAM DISTRICT. 2 THE TAHSILDAR, KANAYANNUR TALUK OFFICE, ERNAKULAM P.O, ERNAKULAM DISTRICT, PIN 682 011. 3 THE VILLAGE OFFICER, WP(C).No.30719 OF 2021 2 KAKKANADU VILLAGE, KAKKANADU P.O, ERNAKULAM DISTRICT, PIN 682 030. 4 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENOR, AGRICULTURE OFFICER, KRISHI BHAVAN, KAKKANADU P.O, ERNAKULAM DISTRICT, PIN 682 030. 5 THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANDU, PIN 682030. THE TAHSILDAR (LR) KANAYANNUR TALUK OFFICE, ERNAKULAM P.O., ERNAKULAM 6 DISTRICT, PIN - 682 011. (ADDITIONAL 6TH RESPONDENT SUO MOTU IMPLEADED as per order dated 10.03.2022) BY SMT. PRINCY XAVIER, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.30719 OF 2021 3 ## **JUDGMENT** ## **Dated this the 10[th] day of March, 2022** This writ petition is filed seeking an expeditious consideration of Ext.P13 application in Form No.5 under the provisions of the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking deletion of entry relating to the subject property from the data bank as well as seeking directions to the additional 6[th] respondent Tahsildar (LR) to accept the application submitted by the petitioner under Section 6A of the Kerala Land Tax Act, 1961, and to carry out the necessary corrections in the Basic Tax Register, in view of Exhibit P4 order passed by the competent authority under the provisions of the Kerala Land Utilization Order, 1967. 2. Petitioners are the owners in possession of a total extent of 87.04 Ares of land in Re-survey No.109/1-5 in Block No.7 of Kakkanad Village in WP(C).No.30719 OF 2021 4 ## Kanayannur Taluk, Ernakulam District. 3. It is submitted that the petitioners had purchased the property by Exhibit P1 sale deed. It is submitted that the prior owners of the property had obtained Exhibit P4 order under the Kerala Land Utilization Order, 1967, for use of the property for other purposes. It is submitted that after purchase of property, the petitioners have submitted Ext.P13 application in Form No.5 before the 1st respondent, under the provisions of the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking deletion of entry relating to the subject property from the data bank. Exhibits P14 application was also submitted for conversion of the category of the property in the Basic Tax Register. 4. The learned Government Pleader submits that no proper application in Form A under Section 6A of the Kerala Land Tax Act, 1961, is submitted by the petitioners and if such application in due form is WP(C).No.30719 OF 2021 5 submitted, it will be considered in accordance with law. 5. Having considered the contentions advanced and in view of the fact that written permission under clause 6(2) of the Kerala Land Utilization Order was obtained by the predecessors in interest of the petitioners in the year 1996, I am of the opinion that the applications submitted by the petitioners are to be considered in accordance with law. There will, accordingly, be a direction to the 1[st] respondent to consider Ext.P13 application (Form No.5), after obtaining all necessary inputs including the report of the Agricultural Officer and to pass appropriate orders thereon. The entire proceedings shall be completed within a period of two months from the date of receipt of a copy of this judgment. In case the petitioners make proper application in Form A in terms of Section 6A of the Kerala Land Tax Act before the additional 6[th] respondent within two weeks from today, the application shall be taken up and WP(C).No.30719 OF 2021 6 appropriate orders passed after verifying all relevant aspects and after verifying the orders passed under the Kerala Land Utilization Order and the identity of the property. The decisions of this Court in **Tahsildar Vs. Renjith George 2020(1) KHC 865** and **District Collector, Ernakulam and others v. Fr.Jose Uppani and others [2020 (4) KLT 612]** , are liable to be taken into account by the additional 6[th] respondent while passing orders as directed above. If orders are passed excluding the property from the data bank then appropriate steps shall be taken in accordance with law by the additional 6[th] respondent within a period of two months thereafter. This writ petition is ordered accordingly. **Sd/ANU SIVARAMAN JUDGE** SSK/10/03 WP(C).No.30719 OF 2021 7 |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE TITLE DEED NO 396 OF| ||2003 DATED 25.02.2003 OF THRIKKAKKARA| ||SUB REGISTRY.| |Exhibit P2|THE TRUE COPY OF THE DEATH CERTIFICATE| ||DATED 25.11.2010 ISSUED BY THE STATUTORY| ||AUTHORITY IN MAVELIKKARA MUNICIPALITY.| |Exhibit P3|THE TRUE COPY OF THE LEGAL HEIRSHIP| ||CERTICATE NO. A5 2747/2020/K DIS DATED| ||10.06.2020 ISSUED FROM THE CONCERNED| ||AUTHORITY, TAHSILDAR, KANAYANNUR TALUK| ||IN ERNAKULAM DISTRICT.| |Exhibit P4|TRUE COPY OF THE ORDER NO. K.DIS| ||2655/96/K OF THE 1ST RESPONDENT DATED| ||18.04.1996.| |Exhibit P4(A)|TRUE COPY OF THE APPLICATION DATED| ||05.03.1996 .| |Exhibit P4(B)|TRUE COPY OF THE REPORT DATED 22.3.1996| ||FROM THE VILLAGE OFFICER.| |Exhibit P4(C)|TRUE COPY OF THE REPORT DATED 2.4.1996| ||FROM THE TAHSILDAR, KANAYANNUR.| |Exhibit P4(D)|TRUE COPY OF THE RECEIPT OF FEES.| |Exhibit P5|TRUE COPY OF THE LAND TAX RECEIPT NO.| ||KL070221709286/2021 DATED 13.08.2021| ||ISSUED BY THE OFFICE OF THE 2ND| ||RESPONDENT.| |Exhibit P6|TRUE COPY OF THE APPLICATION DATED| ||07.12.2015 SUBMITTED BY THE 1ST| ||PETITIONER BEFORE THE 2ND RESPONDENT.| |Exhibit P7|TRUE COPY OF THE REPORT NO. 1230/2015| ||DATED 14.12.2015 SUBMITTED BY THE 3RD| ||RESPONDENT VILLAGE OFFICER TO THE 2ND| ||RESPONDENT TAHSILDAR ALONG WITH THE| ||THANDAPER ACCOUNT AND BASIC TAX| ||REGISTER.| |Exhibit P8|TRUE COPY OF THE RELEVANT PAGES OF| ||GAZETTE NOTIFICATION OF THE DATA BANK| ||DATED 24.03.2012.| |Exhibit P9|TRUE COPY OF THE JUDGMENT DATED| ||19.01.2016 IN W.P. C NO. 269/2016 OF| ||THIS HON'BLE COURT.| |Exhibit P10|TRUE COPY OF THE APPLICATION DATED| ||19.02.2016 BY THE 1ST PETITIONER BEFORE| ||THE COLLECTOR.| |Exhibit P10(A)|TRUE COPY OF THE CHELAN RECEIPT.| WP(C).No.30719 OF 2021 8 Exhibit P10(B) TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 20.02.2016. Exhibit P11 TRUE COPY OF THE APPLICATION DATED 02.03.2016 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT. Exhibit P12 TRUE COPY OF THE REPORT ON THE SOIL INVESTIGATION FOR THE EVALUATION. Exhibit P13 TRUE COPY OF THE APPLICATION DATED 20.12.2021 ALONG WITH THE ENDORSEMENT FROM THE OFFICE OF THE 1ST RESPONDENT. Exhibit P14 TRUE COPY OF THE APPLICATION DATED 04/01/2022 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN FORM A. Exhibit P15 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 04/01/2022 OF EXT.P14 APPLICATION. Exhibit P16 TRUE COPY OF THE APPLICATION DATED 04/01/2022 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. Exhibit P17 TRUE COPY OF THE ACKNOWLEDGEMENT CARD FROM THE POSTAL AUTHORITIES OF EXT.P16 APPLICATION. Exhibit P18 TRUE COPY OF THE JUDGMENT DATED 22/11/2021 IN WP(C) NO 21445/2021 OF THIS HONOURABLE COURT. **RESPONDENTS' EXHIBITS: NIL** SSK //TRUE COPY// PA TO JUDGE