MUDITA TRADES PRIVATE LIMITED v. THE THAHASILDAR

BY SMT.G.SHEEBA, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.5448 of 2022 2 JUDGMENT This writ petition is filed with the following prayers: “1. Issue a writ of certiorari or any other appropriate writ, direction or order by call for the records leading to the issuance of exhibit P10 order and set aside the same as illegal

2. Issue a writ of mandamus or any other appropriate writ, order or direction to the sixth respondent to consider and dispose Exhibit P8 application submitted by the petitioner under section 6A of Kerala Land Tax Act afresh within a reasonable period which this honourable court may deem fit and proper in the interest of justice and circumstances of the case.

3. Issue a writ of certiorari or any other appropriate writ, direction or order W.P.(C) No.5448 of 2022 3 by call for the records leading to the issuance of Exhibit P12 data bank and remove Re.Sy.Nos.551, 552/1, 552/2, 552/3, 552/4, 552/5 in Block No.54 of Kuttoor Village, Thrissur Taluk, Thrissur District therein which are the inclusion of the property of petitioner in the data bank since the property covered by the petitioner comprised in said survey numbers are already converted property on the basis of exhibit P3 to P7 Kerala Land Utilization orders.”

2. When the writ petition came up for further consideration today, the learned counsel for the petitioner limits his prayer for consideration of Exts.P17 & P18 applications in Form 5 filed under Rule 4(d) of the Kerala Conservation of Paddy land and Wetland Rules, 2008 (hereinafter referred to as ‘the Rules’) by the 2nd respondent/the Revenue Divisional Officer. W.P.(C) No.5448 of 2022 4

3. Exts.P17 & P18 being statutory applications under the Rules, the competent authorities have a bounden duty to consider the same in accordance with law within a reasonable time.

4. Having heard the learned counsel for the petitioner and the learned Government Pleader, this writ petition is disposed of directing the Village Officer/Agricultural Officer concerned, to submit a report as contemplated under Rule 4(e) of the Rules to the RDO within two months from the date of receipt of a copy of this judgment. The RDO shall dispose of Exts.P17 & P18 applications, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of the report from the Village Officer/Agricultural Officer. The timelines as above shall be strictly W.P.(C) No.5448 of 2022 5 complied with by the respective officers. In case the report has already been submitted by the Village Officer/Agricultural Officer, the RDO shall dispose of Exts.P17 & P18 within the time limit specified earlier. The petitioner shall produce a copy of the judgment, along with a copy of the writ petition, before the Village Officer/ Agricultural Officer concerned for due compliance. MURALI PURUSHOTHAMAN JUDGE Sd/- sp/05/03/2024 W.P.(C) No.5448 of 2022 6 APPENDIX PETITIONER' S EXHIBITS :- Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 TRUE COPY OF THE TAX RECEIPT IN CONNECTION WITH THE PROPERTY OF PETITIONER DATED 15.4.2021 ISSUED BY THE FOURTH RESPONDENT TRUE COPY OF THE TITLE DEED NO. 919/2014 DATED 21.2.2014, SRO AYYANTHOL TRUE COPY OF THE ORDER DATED 12.6.1995 BEARING NO.KDIS-6019/95/D1 ISSUED BY THE SECOND RESPONDENT UNDER CLAUSE 6 OF THE KERALA LAND UTILIZATION ORDER TRUE COPY OF THE ORDER DATED 14.6.1995 BEARING NO.KDIS-6657/95/D1 ISSUED BY THE SECOND RESPONDENT UNDER CLAUSE 6 OF THE KERALA LAND UTILIZATION ORDER TRUE COPY OF THE ORDER DATED 21.6.1995 BEARING NO.KDIS-6680/95/01 ISSUED BY THE SECOND RESPONDENT UNDER CLAUSE 6 OF THE KERALA LAND UTILIZATION ORDER TRUE COPY OF THE ORDER DATED 21.6.1995 BEARING NO.KDIS-6695/95/D1 ISSUED BY THE SECOND RESPONDENT UNDER CLAUSE 6 OF THE KERALA LAND UTILIZATION ORDER TRUE COPY OF THE ORDER DATED 12.12.2007 BEARING NO.B-2-12371/08/KDIS/4 ISSUED BY THE SECOND RESPONDENT UNDER CLAUSE 6 OF THE KERALA LAND UTILIZATION ORDER TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER SUBMITTED BEFORE THE FIRST RESPONDENT DATED 23.3.2021 UNDER SECTION 6A W.P.(C) No.5448 of 2022 7 OF KERALA LAND TAX ACT WITHOUT DOCUMENTS Exhibit P9 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 20.9.2021 IN WPC NO.17849/2021 Exhibit P10 TRUE COPY OF THE ORDER OF SIXTH RESPONDENT DATED 13.12.2021 Exhibit P11 TRUE COPY OF THE EARLIER DATA BANK IN CONNECTION WITH THE PROPERTY OF PETITIONER Exhibit P12 TRUE COPY OF THE PRESENT DATA BANK IN CONNECTION WITH THE PROPERTY OF PETITIONER Exhibit P13 Exhibit P14 Exhibit P15 Exhibit P16 Exhibit P17 Exhibit P18 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER SUBMITTED BEFORE THE SIXTH RESPONDENT DATED 27.10.2021 TRUE COPY OF THE CERTIFICATE DATED 4.2.2016 ISSUED BY THE VILLAGE OFFICER, KUTTOOR VILLAGE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 19.03.2021 IN W.P.C. NO. 6374 OF 2021 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 08.02.2022 IN WPC NO. 22081 OF 2021 TRUE COPY OF THE APPLICATION DATED 3.11.2023 SUBMITTED BY THE PETITIONER IN FORM 5 BEFORE THE SECOND RESPONDENT NUMBERED AS 10/2023/973491 TRUE COPY OF THE APPLICATION DATED 3.11.2023 SUBMITTED BY THE PETITIONER IN FORM 5 BEFORE THE SECOND RESPONDENT NUMBERED AS 11/2023/973491