SURESH BABU K Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks to quash Ext.P7 and to direct the 2nd respondent to reconsider and pass fresh orders on Ext.P5 application in Form-5 and Ext.P5(a) application in Form-6 in the light of the judgment of this Court in Mather Nagar Residents Association v. District Collector [2020 (2) KLT 192]. The petitioner further seeks to direct the 3rd respondent to reassess the land tax under Section 6A of the Kerala Land Tax Act.

(2.) The petitioner states that he is owner of 43 cents of property in Survey No.187/1B-4, 5 and 6 of Edappal Village in Ponnani Taluk. The land is a dry land with three buildings thereon and 30 Acacia trees. However, the Panchayat authorities declined to give the petitioner a Building Permit to construct a commercial building on the ground that the land is described as wetland in Revenue records.

(3.) The petitioner submitted Ext.P5 application in Form-5 to remove the land from Data Bank, invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Ext.P5(a) application was submitted in Form-6 to change the nature of the land in Revenue records. In WP(C) No.4435/2020, filed by the petitioner, this Court as per Ext.P6 judgment directed the Revenue Divisional Officer to pass orders on Ext.P5 application within three months. On refusal of the RDO to pass orders as directed by this Court, the petitioner filed Contempt Case No.918/2020. Thereupon, without giving an opportunity of hearing to the petitioner, the RDO rejected the application as per Ext.P7 order.