THANKAMMA YOHANNAN Vs. REVENUE DIVISIONAL

JUDGEMENT

(1.) The case set up in this Writ Petition (Civil) is as follows: 1st Petitioner obtained 14.05 Ares of land comprising in Resurvey No: 29/8 of block No. 9 of Puliyoor Village . 2nd petitioner is the son of the 1st petitioner, obtained 14.40 Ares of land comprising in Resurvey No:29/2-1-2 of block No.9 of Puliyoor Village. By Exhibit- P1 judgment dated 11.08.2017 in W.P. ( C ) No. 6086/2017, this Hon'ble Court , after considering the KSREC report and decision of the LLMC to the effect that the properties are excluded from the databank , directed the 1st respondent to consider the applications under clause 6 of the Kerala land utilisation order, 1967 and also held that after obtaining the conversion petitioners could approach the land tax authorities for fresh assessment of the land as garden land. As per the directions in Ext.P1 judgment, 1st respondent granted permission under clause 6 of Kerala land utilisation order, 1967 for utilising the petitioners lands for other purposes as per Exhibit- P2 order dated 08.12.2017 bearing No. B.6182/17. Following Ext.P2 order of the 1st respondent, 2nd respondent issued Exhibit- P3 order directing to make appropriate additions regarding the conversion of the properties in the BTR. As per the directions in Exhibit P3 order, 4th respondent, Village officer effected additions in BTR and Thandaper Register regarding the properties of the petitioners mentioning the classification as "Purayidam". Exhibit- P4 - BTR and Thandaper Register of the property of the 1st petitioner Exhibit- P5-BTR and Thandaper Register of the property of the 2nd petitioner. Exhibit- P6 and Exhibit- P7 Tax receipts are issued by the 4 respondernt mentioning the classification of the petitioners lands as "Purayidam"(Dryland). After computerization of revenue records classification of the petitioners above mentioned lands in revenue records are again changeda to "Nilam" ("Paddyland"). Petitioners preferred Exhibit P10 representation before the 4 respondent to correct the classification of the petitioners properties as "Purayidam" (Dryland ) in computerized revenue records It is in the light of the above averments and contentions, the petitioner has filed the instant Writ Petition (Civil) with the following prayer:

(2.) Heard Sri.T.P. Pradeep, the learned counsel appearing for the petitioner and Sri. K.J. Manu Raj, the learned Government Pleader.

(3.) Taking note of the facts and circumstance of this case, it is ordered in the interest of justice that, 4th respondent-Village Officer will immediately take up for consideration, the grievances raised by the petitioner in Ext.P10 representation dated 18.03.2020, and after affording reasonable opportunity of being heard to the petitioners should take necessary action therein, in the light of the matters disclosed from Ext.P2 order dated 08.12.2017, issued by the 1st respondent-RDO, granting permission under Rule 6(2) of the KLU Order, Ext.P3 order dated 21.12.2017 issued by the 2nd respondent-Tahasildar ordering for alteration in the BTR as per Section 6A of the Kerala Land Tax Act, and consequent Ext.P4 proceedings issued by none other than the 4th respondent-Village Officer, regarding carrying out of such alteration in the BTR etc., without much delay, preferably within a period of one month from the date of production of certified copy of this judgment