M/S. Confident Projects India Pvt. Ltd. v The District Collector, Thiruvananthapuram; The Sub Collector, Revenue Divisional Office, Kudapanakunnu, Thiruvananthapuram; The Tahsildar (Land Records), Taluk Office, Thiruvananthapuram; The Village Officer, Kadakampally Village, Thiruvananthapuram

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ## **`THE HONOURABLE MR.JUSTICE N.NAGARESH`** ``` THURSDAY, THE 6[TH] DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 WP(C) NO. 28049 OF 2022 ``` ## **`PETITIONER:`** ``` M/S. CONFIDENT PROJECTS INDIA PVT. LTD. CONFIDENT HOUSE, 868/2, S.A.ROAD, VYTTILA, KOCHI - 19, REPRESENTED BY ITS MANAGING DIRECTOR, T.A.JOSEPH, AGED 58 YEARS, S/O.LATE ALEXANDER THERUVIPARAMBIL, 33/2652D, THERUVIPARAMBIL HOUSE, VENNALA P.O., KOCHI, ERNAKULAM - 682 028. ``` ``` BY ADVS. S.SHANAVAS KHAN S.INDU ``` ## **`RESPONDENTS:`** - **`1 THE DISTRICT COLLECTOR CIVIL STATION, THIRUVANANTHAPURAM - 695 043.`** - **`2 THE SUB COLLECTOR REVENUE DIVISIONAL OFFICE, CIVIL STATION, KUDAPANAKUNNU, THIRUVANANTHAPURAM - 695 043.`** - **`3 THE TAHSILDAR (LAND RECORDS) TALUK OFFICE, THIRUVANANTHAPURAM - 695 004.`** - **`4 THE VILLAGE OFFICER KADAKAMPALLY VILLAGE, KADAKAMPALLY, THIRUVANANTHAPURAM - 695 029.`** ``` WP(C) NO.28049 OF 2022 ``` ``` 2 ``` ``` BY ADV ``` ``` SRI.S.RANJITH SPECIAL GOVERNMENT PLEADER TO AAG ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO.28049 OF 2022 ``` ``` 3 ``` ## **JUDGMENT** Dated this the 6[th] day of October, 2022 The petitioner, a Private Limited Company, is before this Court aggrieved by Ext.P6 order of the Sub Collector wherein the petitioner was required to submit an application in Form-7 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 in order to change the nature of land in Revenue records. 2. The Managing Director of the petitioner-Company states that he is the land owner of 31.07 Ares of land situated in Survey Nos.1285/2-1-1-2-1 and 1285/2-1 of Kadakampally Village of Thiruvananthapuram Taluk. It is stated that the land in question is a dry land, but in Revenue records the land was classified as 'Nilam'. As the petitioner wanted to use the land for other purposes, the petitioner submitted Ext.P4 application invoking Clause 6(2) of Kerala Land Utilisation ``` WP(C) NO.28049 OF 2022 ``` ``` 4 ``` Order, 1967. The said application was allowed by the Revenue Divisional Officer as per Ext.P2 proceedings dated 04.12.2015 on conditions. 3. The petitioner states that on the basis of the permissions obtained, the petitioner has constructed a multi-storied apartment complex and has allotted the apartment units to prospective buyers. Occupancy Certificates were also issued by the Local Self Government Institution. Ext.P3 is the list of occupants holding apartment units with Occupancy Certificate in the petitioner's building. 4. The petitioner submitted Ext.P4 application in FormA of the Kerala Land Tax Act, 1961, seeking reassessment of the land tax and to make necessary entries in the Basic Tax Register as regards the nature of the land of the petitioner. 5. On submission of Ext.P5, the petitioner has now been served with Ext.P6 communication of the Sub Collector requiring the petitioner to file a Form-7 application under the ``` WP(C) NO.28049 OF 2022 ``` ``` 5 ``` provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The petitioner states that Ext.P6 is unwarranted, as the petitioner's application is based on an order passed under the Kerala Land Utilisation Order, 1967 and is invoking the provisions of the Kerala Land Tax Act, 1961. 6. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader controverted all the material allegations made by the petitioner. On behalf of the respondents, it is submitted that Ext.P6 communication has been made on the basis of an application submitted by the petitioner. If the petitioner wants to change the nature of the land in Revenue records, since the land was a paddy land, the petitioner has to make necessary application under the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. Therefore, Ext.P6 cannot be impugned on any of the grounds urged by the petitioner, contended the Government Pleader. ``` WP(C) NO.28049 OF 2022 ``` ``` 6 ``` 7. The Government Pleader submitted that permission under the Kerala Land Utilisation Order is granted on a condition that the petitioner has to start construction within a period of one year. Therefore, unless the petitioner establishes that the petitioner has started the construction within a period of one year as stipulated in Ext.P2, the petitioner cannot insist that they need not invoke the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. 8. I have heard the learned counsel for the petitioner and the learned Special Government Pleader representing the respondents. 9. It is evident that the petitioner has invoked clause 6(2) of the Kerala Land Utilisation Order, 1967 seeking permission to use the land for non-agricultural purposes. The petitioner's application has been allowed and Ext.P2 permission was granted to the petitioner to use the land for non-agricultural purposes. In Ext.P2, the Sub Collector has found that the ``` WP(C) NO.28049 OF 2022 ``` ``` 7 ``` surrounding areas are not thickly cultivated and there are absolutely no paddy fields around the property of the petitioner. In the afore circumstances, the Revenue Divisional Officer has granted permission under clause 6(2) of the Kerala Land Utilisation Order, 1967 for using the land for non-agricultural purposes. 10. In _**Joseph Uppani v. District Collector** [2020 (3) KLT 492]_ , this Court considered the issue and held that a party cannot be mulcted with the liability to pay higher amounts conceived as per the amended provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 which has came into force on 30.12.2017. In _**Iype Varghese v. Revenue Divisional Officer** [2020 (6) KHC 770]_ , this Court held that when orders are secured under the Kerala Land Utilisation Order, 1967, property can be subjected to fresh assessment of land tax and thereafter additional entries can be made in the Basic Tax Register. ``` WP(C) NO.28049 OF 2022 ``` ``` 8 ``` 11. When the petitioner after obtaining permission under the Kerala Land Utilisation Order, 1967, has made application for reassessment of tax on the land and to make necessary entries in the Revenue records, invoking the provisions of the Kerala Land Tax Act, 1961, the Tahsildar is bound to consider the same in accordance with law. There is no justification for the Tahsildar to force the petitioner to avail the remedy under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. In the facts and circumstances of the case, the writ petition is disposed of directing the 3[rd] respondent-Tahsildar to consider Ext.P4 application submitted by the petitioner in Form-A and pass appropriate orders thereon in accordance with law within a period of six weeks. Ext.P6 order is set aside. **Sd/-** **N.NAGARESH JUDGE** sss ``` WP(C) NO.28049 OF 2022 ``` ``` 9 ``` ## **`APPENDIX OF WP(C) 28049/2022`** ## **`PETITIONER'S EXHIBITS`** ``` Exhibit P1 ``` ``` Exhibit P2 ``` ``` TRUE COPY OF THE JUDGMENT DATED 06/10/2015 IN WP(C) NO.28160/2015 OF THE HON'BLE COURT. ``` ``` TRUE COPY OF THE ORDER NO.1 1- 11390/2015 DATED 04/12/2015 OF THE 2ND RESPONDENT. ``` ``` Exhibit P3TRUE COPY OF THE LIST OF OCCUPANTS OF THE APARTMENT CONFIDENT GOLD COAST A'. Exhibit P4TRUE COPY OF THE APPLICATION IN FOR A IN RESPECT OF 31.07 ARES IN SURVEY NO.1285/2-1, 1285/2-1-1-2-1 OF KADAKAMPALLY VILLAGE. ``` ``` Exhibit P5TRUE COPY OF THE REPRESENTATION DATED 09/06/2022 SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT. ``` ``` Exhibit P6TRUE COPY OF THE COMMUNICATION NO.8169/22-14 DATED 10/08/2022 OF THE 2ND RESPONDENT. ``` ``` WP(C) NO.28049 OF 2022 ``` ``` 10 ```