JAYALAKSHMI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Writ Petition is filed by the petitioner seeking for a direction to the 3rd respondent to make appropriate inspection and to consider Exhibit P3 representation and enter corrections in the basic tax register by correcting the category of the petitioner's plot as dry land (purayidom) instead of 'nilam'. The petitioner owns 20 cents of land in Sy.No.340/3 of Manjeri Village obtained as per sale deed No.1246/06. It is stated that the property is remaining as a dry land for the last more than 40 years. In the property lying adjacent to the petitioner's property a multi-storied building has been constructed in the same survey number and there is a public road, namely Manjeri-Pookkottoor PWD road passing through the other side. The other two sides are also dry land.

(2.) EXHIBIT P1 is the report submitted by the Agricultural Field Officer stating that the property is not included in the data bank. Exhibit P2 sale deed describes the property as a vacant plot. The petitioner's application is produced as Exhibit P3.

(3.) THE nature of the land shows that the property has been converted long back. The property is having coconut trees aged 40 years and other trees. The question therefore is whether the property is still to be retained in the basic tax register as 'nilam' or the entry requires correction. In the data bank, the property has not been noted either as paddy or wet land.