STATE OF KERALA Vs. BINU MATHEW CHACKO

JUDGEMENT

(1.) Respondents 1 to 3 in W.P.(C) No.25347/2019 i.e., the State and its officials, are the appellants challenging the judgment of the learned Single Judge dated 29.10.2019, whereby the learned Single Judge having found that, since the property in question still continues as a paddy field in the Basic Tax Register and revenue records directed the petitioner to approach the competent Tahsildar with an application under Section 6A of the Kerala Land Tax Act, 1961; and if this is done within a period of one month from the date of receipt of a copy of the judgment, the same shall be considered by the said authority and necessary orders will be issued at the earliest. However, made it clear that the Corporation of Kochi will deal with the application of the petitioner seeking building permit as expeditiously as possible but not later than one month from the date of receipt of a copy of the judgment without waiting for the orders from the Tahsildar and the resultant order shall be communicated to the petitioner without any avoidable delay. It is thus challenging the correctness and legality of the findings and directions issued by the learned Single Judge, the appeal is preferred. Basic material facts for the disposal of the writ appeal are as follows;

(2.) Writ petitioner is now the owner in possession and enjoyment of an extent of 2.64 Ares of land in Sy.No.922/2-10 of Elamkulam Village, Kanayannur Taluk, Ernakulam District originally allotted to his father under the Panampilly Nagar Housing Scheme of the Elamkulam West Town Planning Scheme, by the Cochin Town Planning Trust constituted as per the provisions of The Town Planning Act IV of 1108, hereinafter called Act, 1108, an Act constituted to regulate the development of towns to secure to their present and future inhabitants sanitary conditions, amenity and convenience, passed by His Highness the Maharaja of Travancore under date the 17 th Dhanu, 1108, corresponding to the 31st December 1932 .

(3.) An agreement for sale and lease was also executed between Sri.Chacko and the Cochin Town Planning Trust on 6.3.1975 permitting construction of residential buildings in the property. Apparently, the Greater Cochin Development Authority, created by the State Government, by virtue of the powers conferred under section 53A of Act, 1108, and the Madras Town Planning Act 1920 had obtained development charges and cost for amenities from the allottee at the time of execution of the deed. These are all undisputed facts and the documents relating to the same were produced by the petitioner in the writ petition as Exts.P1 and P2.