JAVAD K. HASSAN Vs. DR. HAARIS RASHEED

JUDGEMENT

(1.) The aforecaptioned contempt of court case has been filed alleging non-compliance of the directions issued by this Court in Annexure-A1 judgment dated 27.07.2020 in W.P(C)No.14486/2020 filed by the petitioner herein.

(2.) Heard Sri. E.S.M. Kabeer, learned counsel appearing for the petitioner and Sri. K.J. Mohammed Anzar, learned Special Government Pleader (Revenue) appearing for the respondent.

(3.) Sri.K.J.Mohammed Anzar, learned Special Government Pleader (Revenue) submits that from the pleadings and materials on record, it appears that the petitioner has already secured Ext.P2 proceedings dated 02.03.1996 issued by the 1st respondent-Revenue Divisional Officer granting statutory permission for change of user of the land for any non-agricultural purposes in respect of the subject property, in terms of the provisions contained in Rule 6(2) of the Kerala Land Utilization Order and that therefore, the consequential action is to be taken under Sec.6A of the Kerala Land Tax Act, for fresh assessment of the subject property, so as to make additional entries in the Basic Tax Register to show correctly the changed nature of the land as 'garden land/purayidam' has to be taken by the Tahsildar concerned (R2 in the W.P(C)) and not by the RDO (R1 in the W.P(C)). Further that, Tahsildar though a party in Annexure-A1 W.P(C), has not been made a party in the contempt case and further that strict instructions and directives will be given to the Tahsildar concerned to immediately ascertain, as to whether the subject property covered by Ext.P3 application dated 25.06.2020 filed under Sec.6A of the Kerala Land Tax Act before the Tahsildar is the same or part of the property covered by Ext.P2 statutory order dated 02.03.1996 passed by the RDO under Rule 6(2) of the KLU Order and that if the property covered by Ext.P3 application under Sec.6A of the Kerala Land Tax Act is found to be the same or part of the property covered by Ext.P2 order under Rule 6(2) of the KLU Order, then strict instructions will be given to the Tahsildar to ensure that orders are passed on Ext.P3 under Sec.6A of the Kerala Land Tax Act, so as to effectuate additional entries in the BTR to show correctly the changed nature of the land as 'purayidam/garden land', etc.