MARTIN AUGUSTINE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved by the inaction on the part of the respondents in completing the process of changing the description of the petitioner's property in the revenue records consequent to the order passed in Form-A, despite the order passed in Form-I application submitted by the petitioner under Sec. 9 of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

(2.) The petitioner is the owner in possession of 3.64 Ares of property comprised in Re-Survey No.457/1-7 in Block No.6 of Kurichithanam Village, Meenachil Taluk. As the property was described as paddy land, the petitioner submitted an application seeking permission to use the said property for residential purposes. The said application was considered as per Ext.P2 by which he was granted permission in this regard. Thereafter, the petitioner completed the construction and later approached the authorities concerned for reassessing the property for the purpose of tax. Ext.P5 application was submitted in Form-A, for the said purpose and after processing the same, Ext.P8, Form-B was issued by the Tahsildar, Land Records, 3rd respondent herein, directing to provisionally assessing the property of the petitioner under Sec. 6A(2) and 7(3A) of Kerala Land Tax Act, 1961. Thereafter, Ext.P9 Form-C final assessment was issued by the Tahsildar, Meenachil Taluk. Ext.P10 was later issued by the Village officer concerned, stating that further proceedings cannot be initiated, on the basis of the same as the property has been mentioned as 'Nilam' in the Revenue Records.

(3.) In response to the averments contained in the writ petition, a statement has been submitted by the 3 rd respondent. It was averred that the petitioner submitted application in Form-A before the 3 rd respondent, the Tahsildar, Land Records, whereas, the Government have notified and appointed Taluk Tahsildar as the authority for performing the funtions of the prescribed authority vide notification No. 29080/B3/68/RD dtd. 28/8/1968 of the Kerala Gazette dtd. 24/9/1968. It is further averred in the statement that, the Tahsildar, Land Records has not been notified as the appropriate authority for the purpose of issuing Form-C. Therefore, further action cannot be taken by him.