Important points:
The application for utilisation of the property for other purposes was submitted only on 27.01.2018 and it is contended that the petitioner therein had a vested right to consider her application in accordance with law as on the date of submission of the application, on the premise that Section 27A of Act, 2008 was brought into force by the Amended Act, 2018 by giving retrospective effect from 30.12.2017.

JUDGMENT

SHAJI. P. CHALY, J.

The captioned writ appeal is filed by the writ petitioner in W.P. (C) No. 1404 of 2020 challenging the judgment of the learned Single Judge dated 4th March, 2020, whereby the writ petition was dismissed and Ext. P5 order dated 14.11.2019 passed by the Revenue Divisional Officer, Pala, the third respondent in the appeal, was upheld. Ext.P5 order is passed by the Revenue Divisional Officer holding that since the amended Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('Act, 2008' for short) has come into force on and with effect from 30.12.2017, the provisions of clause 6(2) of the Kerala Land Utilisation Order, 1967 has no binding force so as to entertain the application dated 13.04.2018 submitted by the appellant and accordingly directed him to submit an application in respect of the property under the provisions contained under Section 27A of the Act, 2008 shown as reference No. 7 in the order.

2. The learned single Judge, after considering the contentions put forth by the writ petitioner and the Government, has dismissed the writ petition holding that the stand adopted by the Revenue Divisional Officer was in accordance with law and no manner of interference was required. It is, thus, challenging the legality and correctness of the judgment of the learned single Judge this appeal is preferred.

3. Brief material facts for the disposal of the writ appeal are as follows:

The appellant is the owner of an extent of 55.58 Ares of property lying in survey Nos. 217/10, 217/10/1, 217/11 and 217/11/1 of Vallichira village, Meenachil Taluk, Kottayam District. According to the appellant, the property has been a garden land even prior to the purchase of the same by the appellant and there are no paddy fields anywhere in the vicinity of the property and further that all the properties in the adjoining areas are rubber plantations. The sum and substance of the contentions of the appellant was that even though the property was a paddy field, it was converted as a dry land much prior to the introduction of the Act, 2008 and it was shown in the data bank prepared under the Act, 2008 as converted land. Apparently, the appellant submitted Ext.P2 application dated 21.07.2017, which is seen to be received by the Officer concerned as per receipt dated 11.08.2017 bearing No. 29/17-18 produced along with Ext. P2 application, before the Local Level Monitoring Committee constituted under the Act, 2008 to remove the property from the data bank. The appellant has also submitted Ext.P3 application dated 11.04.2018 presumably quoting clause 6(2) of the Kerala Land Utilisation Order, 1967 seeking permission to utilise the property for other purposes other than paddy cultivation and agricultural operations. Thereafter, he filed W.P.(C) No. 13787 of 2018 before this court seeking a direction to consider Exts. P2 and P3 applications by the Local Level Monitoring Committee, Karoor Panchayat, Pala and the Revenue Divisional Officer, Pala respectively and the same was disposed of as per Ext. P4 judgment of a learned Single Judge dated 13.04.2018. The operative portion of the said judgment reads thus:

“On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with the following directions:

(i) The 2nd respondent shall consider and pass orders on Ext.P2 application preferred by the petitioner within a period of three months from the date of receipt of a copy of this judgment, if need be, after hearing the petitioner.

(ii) In the event of the 2nd respondent passing an order excluding the land belonging to the petitioner from the Land Data Bank, then the 3rd respondent shall consider Ext.P3 application preferred by the petitioner for conversion of user of the said land, and pass orders thereon within a period of one month from the date of production of the order of the 2nd respondent, before him.

(iii) The petitioner shall, in the event of rece