VIJAYAKUMARI Vs. DISTRICT COLLECTOR, MALAPPURAM AND ORS.

JUDGEMENT

(1.) THE petitioner is aggrieved with the fact that the directions in Ext. P4 has not been complied with in Ext. P6. The petitioner was before this Court earlier seeking correction of description in the Basic Tax Register and revenue records with respect to 25.44 cents of land comprising in Survey No. 55/1A of Vattamkulam Village, Edappal SRO, Malappuram District, shown as 'nilam' in the revenue records.

(2.) THIS Court relying on the decisions in Revenue Divisional Officer, Fort Kochi and others v. Jalaja Dileep and another - : 2014 (1) KLT 161, Praveen K. v. Land Revenue Commissioner, Thiruvananthapuram and others -, 2010 (2) KHC 499 and Sunil v. Killimangalam Panjal 5th Ward, Nellulpadaka Samooham - : 2012 (4) KLT 511 directed the R.D.O. to consider the application under Clause 6 of the Kerala Land Unitilisation Order, 1967. However, by the time the consideration was made the decision in Revenue Divisional Officer, Fort Kochi and others v. Jalaja Dileep and another - : 2014 (1) KLT 161 was reversed by the Hon'ble Supreme Court in RDO v. Jalaja Dileep - : 2015 (2) KHC 109(SC).

(3.) IN such circumstances, no rectification of the Basic Tax Register could be made. The petitioner has a contention that the land are not included in the Data Bank prepared under the Paddy Land Act for the area and has been converted prior to the Act of 2008. The petitioner then has to approach the appropriate authority under the Kerala Land Utilisation Order 1967 for changed utilization of the land. If the property is found to be utilised for a different purpose prior to the Paddy Land Act, the consideration shall be made, if necessary, after a physical inspection and concluded by a speaking order within two months from the date of production of the certified copy of this judgment, in accordance with Puthan Purakkal Joseph v. Sub Collector - : 2015 (3) KLT 182. Subsequent to such a finding the petitioner could also approach the appropriate authority under the Kerala Land Tax Act for fresh assessment of the land, as directed to be utilised under the KLU order, as has been held in Kizhakkambalam Grama Panchayath V. Mariumma - : 2015(2) KLT 516.