2012 (7) TMI 954 - HC - Indian Laws

Summary

Issues Involved:
1. Correction of Basic Tax Register (BTR) entry.
2. Applicability of the Kerala Conservation of Paddy Land and Wet Land Act, 2008.
3. Authority and procedure for rectification of land classification in revenue records.

Summary:

1. Correction of Basic Tax Register (BTR) Entry:
The petitioner sought a direction to respondents 1 to 3 to correct the Basic Tax Register (BTR) by deleting the words 'Wet Land' and reflecting the property as dry land based on Exts.P5 to P7 certificates. The property, initially described as wet land (nilam) in Ext.P1 title deed, was claimed to have been dry land since its purchase in 1972 and never used for agricultural purposes. Ext.P5, P6, and P7 certificates from the Village Officer and Agricultural Officer confirmed the property as dry land.

2. Applicability of the Kerala Conservation of Paddy Land and Wet Land Act, 2008:
The third respondent's inspection revealed the land was filled and not fit for paddy cultivation, with no paddy cultivation in nearby plots. The petitioner argued that the property was converted before the Act's enforcement in 2008, making the Act inapplicable. The court referenced several decisions, including Shahanaz Shukkoor v. Chelannur Grama Panchayat (2009 (3) KLT 899) and Jafarkhan v. Kochumarakkar (2012 (1) KLT 491), which held that the Act applies based on actual land conditions, not revenue record descriptions, and conversions before 2008 are not violations.

3. Authority and Procedure for Rectification of Land Classification in Revenue Records:
The court examined the Kerala Land Tax Act and relevant rules, noting that the prescribed authority (Tahsildar) has the power to rectify mistakes in land classification. Section 18 of the Act allows rectification of mistakes within four years. The court directed the Tahsildar to correct the BTR entry to reflect the property as 'reclaimed purayidam' (dry land) based on the factual situation and certificates provided.

Conclusion:
The court declared the property should be classified as 'reclaimed purayidam' in the BTR and directed respondents 2 and 3 to make the necessary corrections within two weeks. The writ petition was allowed with no costs.