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2021 Supreme(Online)(KER) 13357

HIGH COURT OF KERALA
ANU SIVARAMAN, J
RAJEESH BABU C.B. – Appellant
Versus
THE TAHSILDAR (LAND RECORDS) – Respondent


Advocates:
BINOY VASUDEVAN, SRI.RIYAL DEVASSY, GP

JUDGMENT

Dated this the 21 s t day of December, 2021 The petitioner claims to be the owner in possession of a land having an extent of 0.0607 hectares in Re-survey No.9/2 of Kodumbu Village in Palakkad Taluk of Palakkad District. It is submitted that though the property is a dry land, it has been recorded as 'nilam' in the revenue records and is not included in the data bank. It is submitted that after the purchase of the property, the petitioner had approached the Revenue Divisional Officer for permission to use the property for other purposes. By Exts.P3 and P4 proceedings, the petitioner had obtained orders under Clause 6(2) of the Kerala Land Utilisation Order (for short, 'the KLU Order'). The petitioner has, thereafter, submitted Ext.P6 application before the 1st respondent and seeks a consideration of the same in terms of Section 6A of the Kerala Land Tax Act .

2. The learned counsel for the petitioner submits that the issue stands squarely covered by the decision of a Division Bench of this Court in District Collector, Ernakulam and others v. Fr.Jose Uppani and others [ 2020 (4) KLT 612 ]. It is submitted that the 1st respondent is duty bound to consider Ext.P6 application

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