Jessy Baby, Vs the Tahsildar (Land Records)

The petitioner is the absolute owner in possession of property having an extent of 65.50 Ares comprised in Re.Sy No.152/29-3 (Old Sy.Nos.781/pt, 780/pt and 775/pt) of Ollur Village in Thrissur Taluk. The predecessor-in-interest of the petitioner has already obtained permission to utilize the property which is described as 'Paddy Land' in the revenue records, for non agricultural purposes as per Ext.P4 to P7 orders under the provisions of the Clause 6 of the Kerala Land Utilization order prior to the enactment of the Kerala Conservation of Paddy Land and Wetland Act. On the basis of the same, Ext.P9 Form A application was submitted, under Section 6 A of Kerala Land Tax Act. As there was delay in consideration of the same, the petitioner approached this Court by filing W.P.(C) No.27771/2024 which culminated in Ext.P10 order. In Ext.P10, a direction was issued by this Court to the Tahasildar (Land Records), to consider the application submitted by the petitioner in Form A, after ensuring the genuineness of

¶20

W.P.C No.41780 of 2024

¶21

3

¶22

2025:KER:22137

¶23

Ext.P4 to P7 (Ext.P3 to P3(c) referred to in the said judgment) and ascertaining the identity of the property and pass appropriate orders on the same, strictly in terms of the Act within three months from the date of receipt of a copy of the said judgment.

¶24

However, despite the said direction, Ext.P12 order was passed by the 1^st respondent stating that, in the meantime, as per Ext.P11 order passed by this court, the question as to whether a person who obtained orders under Clause 6 of Kerala Land Utilization order has to undergo the conditions imposed in Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008, was referred to a Full Bench. Therefore, according to the 1^st respondent, a decision cannot be taken, on the Form A application. This writ petition is submitted by the petitioner in such circumstances challenging Ext.P12.

¶25

Heard, the learned counsel for the petitioner and the learned Government Pleader for the respondents.

¶26

W.P.C No.41780 of 2024

¶27

4

¶28

2025:KER:22137

¶29

In the decision rendered by the Honourable Supreme Court in The Tahasildar v. Renjith George [2025 1 KHC 271], the Honourable Supreme Court categorically observed that, the parties who have submitted applications under Clause 6 of the KLU order, prior to the enactment of the Amendment Act 2018 to the Kerala Conservation of Paddy Land Wetland Act, 2008, are not liable to comply with the conditions imposed under Section 27 A of the Act. The said aspect was clarified by the Full bench of this Court in Mukthar Ali v. State of Kerala [2024 KHC 1570] as well. Now in the light of the legal proposition laid down by the Honourable Supreme Court in the above referred decisions, the stand taken by the 1^st respondent in Ext.P12 is not legally sustainable.

¶30

Thus, it is evident that, since the petitioner had obtained orders under Clause 6 of KLU order, prior to the introduction of Section 27A of Kerala Conservation of Paddy Land and Wetland Act, the conditions imposed as per the said provision, cannot be made applicable to the petitioner.

¶31

W.P.C No.41780 of 2024

¶32

5

¶33

2025:KER:22137

¶34

Therefore the consequence of the same is that, the Form A application submitted by the petitioner has to be considered without insisting for compliance of the conditions imposed under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act.

¶35

Therefore, the directions issued by this Court in Ext.P10 have to be implemented by the 1^st respondent, who is the competent authority. Accordingly, this writ petition is disposed of, quashing Ext.P12, with a direction to the 1^st respondent to consider the application submitted by the petitioner in Form A as directed in Ext.P10 judgment. The same shall be done within a period of two months from the date of copy of this judgment.

¶36

Sd/-

¶37

ZIYAD RAHMAN A.A.

¶38

JUDGE

¶39

rpk

¶40

W.P.C No.41780 of 2024

¶41

6

¶42

2025:KER:22137

¶43

APPENDIX OF WP(C) 41780/2024

¶44

PETITIONER EXHIBITS

¶45

Exhibit P1	TRUE COPY OF DOCUMENT NO.1257/2007 DATED 06-12-2007 OF S.R.O KUTTANELLOR
Exhibit P-2	TRUE COPY OF THE DOCUMENT NO.5542 OF 1996 DATED 16-12-1996 OF S.R.O KUTTANELLOR
Exhibit P-3	TRUE COPY OF THE COMPOSITE TAX RECEIPT DATED 22.04.2024 ISSUED BY THE 2ND RESPONDENT
Exhibit P-4	TRUE COPY OF ORDER NO. K.DIS.SR- 134/96/D1 DATED 12-04-1996 ALONG WITH ITS TYPED COPY
Exhibit P-5	TRUE COPY OF ORDER NO.K.DIS- 10137/95/D1 DATED 13.10.1995 ALONG WITH ITS TYPED COPY
Exhibit P-6	TRUE COPY OF ORDER NO. K.DIS. SR.132/96/D1 DATED 12.04.1996 ALONG WITH ITS TYPED COPY
Exhibit P-7	TRUE COPY OF ORDER NO. K.DIS.SR.133/96/D1 DATED 12.04.1996 ALONG WITH ITS TYPED COPY
Exhibit P-8	TRUE COPY OF THE REQUEST DATED 08.07.2024
Exhibit P-9	TRUE COPY OF THE FORM A APPLICATION DATED 08.07.2024
Exhibit P-10	TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.27771 OF 2024 DATED 09-09-2024