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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN, S.MANU, JJ.
Mukthar Ali, S/O P.K. Aliyar - Appellant
Versus
The State Of Kerala - Respondent
RP NO. 1100 OF 2024 IN WA NO.992 OF 2024 & RP NO.1093 OF 2024 IN WA NO.1061 OF 2023
Decided on : 06-02-2025
ORDER :
RP Nos.1100/2024 & 1093/2024
These review petitions are filed aggrieved by the declaration in para.2 of the concluding portion of the impugned order which reads thus:
2. According to the learned counsel for the review petitioners, this is against the discussions made in the impugned order. The learned counsel points out that this Court having adverted to Rule 12(17) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, ought not have again ordered that, those land holders who have obtained an order under clause 6 of Kerala Land Utilisation Order will have to resort to procedure under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as ‘Paddy Act’) by submitting an application before the Revenue Divisional Officer.
3. The above argument is apparently correct. Rule 12(17) is, in fact, intended to obviate the procedure contemplated under Section 27A of the Paddy Act, when permission has been granted by the Collector under KLUO for other purposes.
4. This Court in the impugned order at para.20 was of the view that, land holders whose applications are pending as on the date of incorporation - 30/12/2017, are also entitled for the benefit of Rule 12(17) and no fee is leviable from them. In such circumstances, para (ii) shall be modified as follows:
Registry shall incorporate necessary changes in the order impugned.
The review petitions are disposed of as above.
The court clarified that land tax re-assessment must follow Rule 12(17) of the Kerala Conservation of Paddy Land and Wetland Rules, exempting certain landowners from fees.
The court clarified that land tax re-assessment must follow Rule 12(17) of the Kerala Conservation of Paddy Land and Wetland Rules, exempting fees for certain landowners from 30/12/2017 onwards.
When applications are made before a specific cut-off date but permissions are granted after that date due to administrative delays or processes beyond applicants' control, they should not be subject ....
The incorporation of Section 27A of the Paddy Act restricts the Collector's powers under the KLU Order for applications filed after 30/12/2017, while pending applications must be considered under the....
Pending applications under the KLU Order before Section 27A's enactment must be considered under the previous law, ensuring no discrimination in fee levies.
Revenue Record - If orders are secured under KLU Order prior to cut off date, 30.12.2017, amended provisions of Act will not apply and additional entries regarding the change of description of land a....
The court emphasized the need for property identification before evaluating applications related to land assessment under specific statutes.
Tax re-assessment is mandatory under Section 6A when land use conversion is permitted under the Kerala Land Utilisation Order.
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