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TMI Blog2012 (7) TMI 954X X X X Extracts X X X X X X X X Extracts X X X X ..... aving behind her husband Shri Ramakrishnan, son Shri K.R. Dileep and daughter Smt. Devika. Both Shri Ramakrishnan and Shri Dileep are no more. The petitioner is the legally wedded wife of Shri K.R. Dileep. The property has been mutated in the name of the legal heirs of late Meera Ben including the petitioner and Ext.P2 is the true copy of the tax receipt showing payment of property tax. Ext.P3 is the copy of the possession certificate issued by the Village Officer. 3. The petitioner points out that the property is a dry land situated in a thickly populated residential area. But it is described wrongly as wet land (nilam) in Ext.P1 title deed. It was never used for any agricultural purposes during the lifetime of late Meera Ben and actually she wanted to construct a house in the property. Ext.P4 is the relevant page of Basic Tax Register issued by the Village Officer wherein also the property is shown as 'nilam'. On the basis of the application submitted by the petitioner a certificate was issued by the Village Officer as per Ext.P5 showing the true nature of the property wherein it is reported that it is actually a dry land. Ext.P6 is the certificate issued by the Agricu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Mohammed Abdul Bahsheer v. State of Kerala (2012 (3) KLT 86). 9. A reading of the certificates produced in the writ petition will show the true nature of the property and evidently it is a dry land itself. In Ext.P5 certificate issued by the Village Officer, it is shown that the property is classified as 'nilam' in the BTR, but it now remains as a reclaimed purayidam. In Ext.P6 it is certified that the land is recorded as converted land in the paddy - wet land survey records in Elamkulam Village, given to the Secretary of the concerned Corporation for gazette notification. The conversion was prior to 2008. Further details are clear from Ext.P7 certificate of the Village Officer. It is recorded therein that the property remained as reclaimed purayidam prior to the coming into force of the Kerala Conservation of Paddy and Wet Land Act and remains as such even now. The said certificate is issued in terms of Section 12 of the said Act. 10. Therefore, as regards the true nature of the land there cannot be any dispute. The question therefore is whether merely because in the title deed and in the BTR the property is described as 'nilam', it will deprive the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reconversion of paddy land and wet land which is converted in violation of the provisions of the Act.. 14. All the above decisions were considered in Mohammed Abdul Basheer's case (2012 (3) KLT 86) and in para 4 the legal position was reiterated as follows: If the land in question was converted prior to the enactment of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, the property in question cannot be described as 'paddy field' or 'wet land' coming within the purview of the said Act. The question regarding grant of building permit need be decided taking into consideration of the ground reality existing. 15. Therefore, it is clear that the description in the title deed or in the revenue records will not be crucial in such cases where the fact situation show that the property is reclaimed already, like the one herein. Hence, the provisions of the Conservation of Paddy Land and Wet Land Act will not come in the way of reclassification of the same as dry land in the revenue records. In fact, in paragraph 20 of the decision in Praveen's case (2010 (2) KLT 617) the Division Bench considered a similar case where the property was shown a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the revisional authority to rectify any mistake on the records. Rules 5(i) and (ii) of the rules are relevant in this context to understand the scheme which are extracted below: (i) The application for fixation of the rate of basic tax under sub-section (2) of section 6 shall be presented by the land holder or any other person liable to pay basic tax to the prescribed authority having jurisdiction over the Taluk in which the land is situate. If the rate of basic tax is to be fixed for lands in more than one taluk held by the same person separate applications shall be presented to the prescribed authorities concerned. (ii) Application for fixation of the rate of basic tax under section 6(2) shall be in Form A. The application therefore will have to be submitted in Form 'A' and a reference to Form 'A' clearly shows that the nature of the land will have to be shown as wet, dry, garden or parambu . Therefore, such details regarding the classification will have to be incorporated therein. Under Rule 6(i), on receipt of an application under rule 5, the prescribed authority shall cause the application to be verified by the Village Officer. Sub-rules (ii) and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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