Determining land classification and re-assessment of land tax requires clarity on possession before further proceedings.

JUDGMENT

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

"(i) Issue a writ of mandamus or any other writ, order or direction to the 1st respondent to attain finality on Ext.P10 and to issue an order for change of nature of the land comprised in Re-Sy.No.133/1 (133/27 as per TP) of Cheruvannur Village, Kozhikode Taluk as dry land for any other purposes as requested by the Petitioners within a time frame as fixed by this Hon’ble Court;

(ii) Issue a writ of mandamus or any other writ, order or direction to the 2nd respondent to change the nature of property owned by the petitioners in the BTR and also to re-assess the Basic Tax Register accordingly as provided under Kerala Land Tax Act, 1961 within a time frame;

(iii) Issue such other order as this Hon'ble court deems fit and necessary in the facts and circumstance of the case.

(iv) To dispense with filing of translation of the vernacular documents. "

[SIC]

2. When this writ petition came up for consideration, the learned Government Pleader takes me through Paragraph No.2 of the writ petition, and also the tax receipt, in which it is stated that the land in possession of the petitioner is only 1.92 Ares (4.74 cents). The Government Pleader also takes me through Ext.P10 Form 6 application, in which the extent is shown as 2 Ares 21.4 Square metre. 3. If that is the case, the Form 6 application cannot be processed for the entire extent, for which the petitioner is not in possession. Therefore, the petitioner is free to file appropriate Form 6 application afresh, and move the writ petition before this Court, if there is any further delay.

With the above observations, this writ petition is disposed of.

Sd/-