C.T. CHACKO Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ petition is filed seeking a declaration that the petitioner is entitled for changes in the Basic Tax Register in view of the nature and lie of the property, that was shown therein.

(2.) IT is admitted by the learned Special Government Pleader that the above property is not included in the Draft Data Bank.

(3.) THE Collector has power under clause (6) of the Kerala Land Utilisation Order, 1967 (for short, the "KLUO") to grant permission to utilise such land for any other purposes. The Collector is defined under clause 2(a) of the KLUO which includes the Revenue Divisional Officer as well. Though the properties are reclaimed before the enactment of the Act 28 of 2008, nevertheless, if the land in question was under cultivation with any food crop either three years prior to the commencement of the KLUO or after its commencement, permission from the Collector is necessary for utilising the above land for any other purposes. This Court in Praveen K. v. Land Revenue Commissioner, Thiruvananthapuram and others [ : 2010 (2) KHC 499] held as follows: