Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V.MENON
District Collector, Civil Station Road, Collectorate, Kollam – Appellant
Versus
Thangal Kunju, S/o. Vava Kunju – Respondent
JUDGMENT :
A. Muhamed Mustaque, J.
These writ appeals raise the same question that arise from the common judgment of the learned Single Judge. The question considered by the learned Single Judge was whether the correction of the Basic Tax Register (BTR) from nilam to purayidam, based on re-survey conducted prior to the enactment of Act 28 of 2008, requires compliance with the process of Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act' in short). This question was answered in favour of the writ petitioner, who had challenged the action of the Revenue Authorities. There is no dispute to the fact that all these lands were originally classified as nilam in the settlement register. Thereafter, based on a re-survey conducted prior to the enactment of Act 28 of 2008, land involved in these cases were classified as purayidam in the re-survey BTR. The nature of the land as on the date of the promulgation of Act 28 of 2008 is not in doubt; it is neither paddy land nor wetland. The change in description of the land from nilam in the settlement register to purayidam in the re-survey BTR form the subject of the challenge.
2. A learned Single Judge of this Court
Revenue Authorities possess the power to amend the Basic Tax Register based on prior survey results without requiring compliance with Section 27A of the Act.
The prescribed conditions under the Act and Rules do not apply to properties classified as 'purayidam' before 1967, and the description of the property as 'Nilam' was found to be illegal.
Due process, including notice and hearing, must be observed in administrative decisions affecting property classifications to uphold legal rights.
The court ruled that the respondents must correct erroneous land classification in the Basic Tax Register without requiring the petitioner to follow cumbersome procedures, emphasizing the need for ac....
The resurvey authorities are bound to ensure accurate classifications in the Basic Tax Register post-resurvey, and failure to do so necessitates judicial intervention.
Point of law : Appropriate steps to secure additional entries in Basic Tax Register to show change in nature of land as 'garden land/dry land/purayidom' will have to be taken by 2nd respondent so tha....
Land cannot be included in the data bank without jurisdictional review of its classification.
The Thandaper Register classification prevails over Settlement Register entries; property owners' rights are protected from arbitrary reclassification under outdated records.
Judgment emphasizes adherence to court directives in land classification, highlighting fairness in administrative procedures.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
