Acquired land by Municipality ceases to be classified as 'Nilam', directing updates in revenue records, and affirming petitioners' applications for land tenure.

J U D G M E N T

[W.P. (C) Nos.19032 of 2023, 29475 of 2023, 2758 of 2024 8364 of 2024 & 19679 of 2024]

The petitioners in these writ petitions are stated to have purchased/allotted various plots under the “Kodimatha Multipurpose Housing Project” introduced by the Kottayam Municipality during the year 1991. According to the petitioners, the lands so allotted to them were acquired by the Municipality in large extents which were originally categorised as “Nilam” as per the revenue records and they have been sold to the respective petitioners as residential plots. The petitioners contend that when they submitted applications in Form-5, they have been rejected by the Revenue Divisional Officer.

2. Heard Sri.Liji J.Vadakkedom, the learned counsel for the petitioners, Smt.Deepa K.R., the learned Special Government Pleader for the State, as well as Sri.Ajit Joy, the learned counsel for the Kottayam Municipality.

3. The petitioners contend that, insofar as the properties which were the subject matter of Form-5 applications were originally acquired by the Municipality, as stated above, the provisions of the Kerala Conservation of Paddy Land and Wetland Act , 2008, could not have any application to the land in question.

4. The same issue has already been considered and decided by a Division Bench of this Court in State of Kerala and Others v. Binu Mathew Chacko and Others [2020 (6) KHC 717], with the following directions;

“25. Taking into account all the above aspects, we are of the considered opinion that the appellants have not made out any case justifying interference with the judgment of the learned Single Judge so far as the basic facts are concerned. However, in view of the judgment of the Division Bench of this Court in Mariyumma supra, an owner of a property has to make an application before the concerned revenue authority to make additional entry in the Basic Tax Register showing the present tenure of land. Therefore, petitioner is permitted to make a suitable application before the appropriate revenue authority to make the additional entry in the BTR and if any such application is filed along with a copy of this judgment, it shall be considered and necessary addition shall be made accordingly, at the earliest and at any rate, within a month thereafter. We further make it clear that thereafter the petitioner is at liberty to make suitable application under S.6A of the Kerala Land Tax Act , 1961 to make appropriate entry and collect tax accordingly. However, we make it clear that the pendency of the said applications shall not stand in the way of Kochi Corporation to consider the pending permit application taking into account the observations made above at the earliest and at any rate within a month from the date of receipt of a copy of this judgment.”

In the light of the afore, these writ petitions would also stand allowed, setting aside the orders issued by the Revenue Divisional Officer, rejecting Form-5 applications filed as above, and also declaring that the properties obtained by the petitioners were acquired by the Government and therefore ceased to be “Nilam” on its acquisition and classification of the land as “Nilam” in the revenue records is unsustainable. In view of the afore, the applications filed/to be filed by the petitioners also to be considered with respect to the provisions of Section 6A of the Kerala Land Tax Act , 1961. The petitioners are also directed to file appropriate applications before the concerned Revenue Authorities so as to make additional entries in the Basic Tax Register (BTR) showing the present tenure of the land, within three weeks from today. The applications to be filed as above to be considered by the Revenue Authority (Tahsildar) by making appropriate corrections/additions in the BTR in view of the de