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2025 Supreme(Online)(Ker) 51967

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SIVADAS K @ SIVADASAN – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER, PALAKKAD – Respondent
WP(C) NO. 43783 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.JACOB SEBASTIAN, SMT.SHAMSEERA, C.ASHRAF, SHRI.WINSTON K.V, SMT.ANU JACOB, SMT.ANJANA KRISHNAN
For the Respondents: SR GP SMT VIDYA KURIAKOSE

Court ensures timely consideration of land reclassification applications as per statutory provisions.

Headnote:Relevant provisions of the Kerala Land Tax Act and Kerala Conservation of Paddy Land and Wet Land Act were analyzed. The petitioner sought reassessment of his land and a change in its classification from garden land. The Court allowed the request for timely consideration of the application by the relevant authorities. Issues involved included the interpretation of statutory provisions regarding land assessment. The Court reasoned that the application should be considered on merits without unnecessary application processes. The final order directed the respondent to process the application within three months.

Table of Content
1. petitioner seeks reassessment and reclassification under relevant statutes. (Para 1 , 2)
2. court orders expedited processing of application within three months. (Para 4)

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

" I. Declare that the petitioner is entitled to reassessment of his plot as contemplated under section 6A of the Kerala Land Tax Act .

II. Issue a writ in the nature of mandamus commanding the second respondent to change the entry regarding the petitioner’s 19.40 ares of land comprised in Survey Block No.231, Survey No. 1296/37 in Palakkad-II Village, Palakkad Taluk & Palakkad District in the Basic Tax Register as garden land.

III. Declare that inasmuch as the petitioner’s plot is converted prior to the coming into force of the Kerala Conservation of Paddy Land and Wet Land Act , 2008, they could also seek change of records of BTR in respect of the subject property without making any application as envisaged under section 27C of the Kerala Conservation of Paddy Land and Wet Land Act , 2008.

IV. Issue a writ in the nature of mandamus commanding the second respondent to consider Exhibit.P3 application on merits without the petitioner being directed to make any application in terms of section 27A(3) of the Kerala Conservation of Paddy Land and Wet Land Act , 2008."

[SIC]

2. When this Writ Petition (C) came up for consideration, the counsel for the petitioner submitted that, the petitioner will be satisfied if a direction is issued to the 2nd respondent to consider Ext.P3 Form - A application filed in accordance with Kerala Land Tax Act , within a time frame.

3. Heard the Government Pleader also.

4. After hearing both sides, I think, that prayer can be allowed.

Therefore, this Writ Petition (C) is disposed of with the following direction:

1. The 2nd respondent is directed to consider Ext.P3 Form - A application and pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.

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