SUNNY JOSEPH Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The case set up in this Writ Petition (Civil) is as follows:- The petitioner is highly aggrieved by the action of the 1 st respondent in not taking action on Ext.P-3 application dated 04.03.2020 filed in Form 6 under Section 27A(1) of the Kerala Conservation of Paddy Land and Wet Land Act 2008. The property is not included in the data bank as certified by the 4 th respondent agricultural officer vide Ext.P-2. The petitioner is also entitled for getting his land tax re-assessed under Section 6A of the Kerala Land Tax Act, 1961 and making correction in the BTR showing the property as 'Purayidam' instead of 'Nilam/Paddy Land'. The petitioner preferred Ext.P-4 application dated 18.03.2020 under Section 6A of the Kerala Land Tax Act, 1961 for the re-assessment of the subject property. The right to enjoy the property is a human right apart from the Constitutional right guaranteed under Article 300 A of the Constitution of India. The inaction of the respondent statutory authorities is illegal, rank arbitrary and in violation of constitutional right guaranteed to the petitioner. The petitioner is also liable to pay only the fees determined on the fair value of the property as on the date of Section 27 A(1) of the application. It is in the light of the above factual averments and contentions that the petitioner has filed instant Writ Petition (Civil) with the following prayers:-

(2.) Heard Sri.Anu S. Nair, learned counsel appearing for the petitioner and Sri. K. J. Manu Raj, learned Government Pleader appearing for the respondents.

(3.) The case of the petitioner is that the subject property though continues to be described as 'nilam/paddy land' in the Basic Tax Register (BTR) has been converted as 'garden land/purayidom' much prior to 12.08.2008 (date of coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008) (for short the Act). Further that the subject property has not been included in the land data bank prepared as per the provisions of the Act as can be seen from Ext.P-2 certificate dated 03.09.2019, issued by the 4 th respondent- Agricultural Officer, who is the Ex-officio convenor of the statutory Local Level Monitoring Committee (LLMC). That the petitioner has now submitted Ext.P-3 application dated 04.03.2020 in Form No.6 before the 1 st respondent-Revenue Divisional Officer seeking for statutory permission for change of user of the land in terms of Section 27A(1) of the Act and the Rules framed thereunder. Further that the petitioner has also filed the consequential application as per Ext.P-4 dated 18.03.2020 before the 2nd respondent-Tahsildar seeking for re- assessment of the subject property in terms of Section 27C(2) of the Act and read with Section 6A of the Kerala Land Tax Act for alteration in the BTR after securing favourable orders on Ext.P- 3 application.