JUDGMENT :

The case set up in this Writ Petition (Civil) is as follows: The property belonging to the petitioner is situated in two survey numbers, was classified as “Nilam” in the BTR even though it was converted in the year 1987 and 1988 pursuant to Exts.P-2 & P-3 orders issued by the 3rd respondent-RDO under the Kerala Land Utilization Order and was categorized as “purayidam” in the data bank. The petitioner sought for change in the BTR vide Ext.P-5 application dated 22.01.2014 submitted before the 3rd respondent-RDO. The 3rd respondent RDO instead of referring the application to the 4th respondent-Tahsildar to make a fresh assessment of the land in the BTR under the Kerala Land Tax Act sought for a report of the 4th respondent-Tahsildar, who reported the fact that the property was converted prior to the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Thereafter, the RDO referred the matter to the 2nd respondent-District Collector, who vide Ext.P-8 order rejected Ext.P-5 application on the ground that there are no laws for change in BTR and it could be done in particular cases as per the judgments of this Court and that the property could be cultivated w