THIRUVANANTHAPURAM: In a significant development, the state revenue department has decided to issue land records to the thousands of landholders in north Kerala who could not own the land they possess because they were unable to pay the tax for the un-assessed land.
At the time of royal rule, the landlords distributed uncultivable lands to the tenants as un-assessed (free of tax) land. After the formation of Kerala, these landholders could not pay land taxes as the revenue officials refused to accept the tax. Although the landholders sought relief under the Malabar Land Registration Act,1895 under which their land was classified as un-assessed land’ they could not succeed. Hence they could not pledge the land in any bank as collateral or sell it or apply for land mutation.
For decades, many families in the Palakkad, Malappuram, Kozhikode, and Kannur districts have been caught up in the legal tussle and were waiting for relief. The decision of the revenue department will pave the way for the landholders to pay the basic land tax and become the real owners of their land.
Meanwhile, in 2005 the government issued an ordinance to repeal 102 original enactments and 595 amendment enactments including the 1895 Malabar Land Registration Act. A landholder approached the Kerala HC. Although the single bench dismissed the petition in 2016, the division bench in 2022 allowed the petitioner’s writ petition and set aside the former’s verdict.
The HC also asked the revenue department to reconsider the landholders’ application submitted under the Malabar Land Registration Act of 1895 after providing an opportunity for hearing and participation is given.
Now the government has in principle decided to receive the land tax. Revenue Minister K Rajan has also met some of the landholders’.The revenue department has asked for a legal opinion. Once it is available, the department will move forward with the decision to receive payment for basic land tax. Once the tax is paid these landholders will also get the land records in their name. People can also mutate the lands in the sub-registrar offices thereon, revenue department sources said.