SOMARAJAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition is filed seeking for a direction to the respondents to reclassify the entries in the Basic Tax Register with respect to the properties, owned by the petitioners, shown as nilam to purayidom. These properties have been reclaimed long prior to Act 28 of 2008. However, without prejudice to the rights of the petitioners', consider their request for change of view of the lands in terms of clause (6) of the Kerala Land Utilisation Order, 1967.

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

(3.) Learned counsel for the petitioners submits that the petitioners are entitled for a declaration from this Court in the light of the dictum laid down by this Court in Revenue Divisional Officer, Fort Kochi and others v. Jalaja Dileep and another, 2014 1 KerLT 161, to effectuate changes in the Basic Tax Register as the properties have been reclaimed long before the enactment of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short the "Act 28 of 2008"). It is further submitted, without prejudice to the petitioners' right as above, for seeking a declaration, the petitioners are entitled to convert or utilise the above land for any other purposes other than for cultivating food crops, as the properties are no longer fit for any cultivation.