JUDGMENT

The petitioner owns 13.59 Ares of land in Sy.No.22/1-2-2-2 of Manjalloor Village in Muvattupuzha Taluk. According to the petitioner, the property has been lying as a dry land for the last several decades and was neither a paddy land nor a wet land on the date of coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as the 2008 Act). The petitioner submits that initially the land was classified as 'conversion' and later it was excluded from the data bank. The property was part of 16.19 Ares of land which belonged to one Smt.Rajamma, who had obtained the same as per sale deed No.1508/1972 of SRO, Thodupuzha. In 1992, the said Rajamma applied under Clause 6(2) of the Kerala Land Utilisation Order (KLU Order for short), seeking permission to convert the land as 'purayidam'. On 27.11.1992, the 1st respondent issued order No.K.Dis./8894/92/A3 granting permission to the predecessor of the petitioner to convert the land as a dry land. Rajamma transferred her title and possession in favour of Smt.Suja Xavier as per sale deed No.14/1993 dated 15.1.1993 of SRO, Kalloorkkad. The document is produced as Ext.P2. The petitioner submits that on the strength of the KLU order issued on 27.11.1992, the said Smt.Suja Xavier converted the 16.19 Ares of land as dry land. It is further submitted that 2.60 cents out of the said land was acquired by the Government for the purpose of widening of the Muvattupuzha-Thodupuzha Road and it is the balance extent which has vested in the petitioner as per Ext.P3 sale deed. It is stated in the writ petition that since Smt.Suja Xavier had lost the copy of the KLU Order issued in 1992, the same was not made over to the petitioner at the time of execution of Ext.P3. The petitioner submits that an application was submitted on 24.10.2019 in Form No.6 on the bona fide belief that even in respect of land converted as dry land as per KLU Order, a formal permission under the 2008 Act was required to be obtained. The 1st respondent issued a notice on 24.7.2020 on the application submitted by the petitioner, directing him to remit the prescribed amount. The petitioner submits that no amount was remitted as directed, since his land had been converted much prior to the coming into force of the 2008 Act and he was not liable to pay any amount. The petitioner further submits that he had applied to the Public Information Officer of the 1st respondent for a copy of the KLU Order dated 27.11.1992 and that he received a reply dated 13.4.2020, stating that File No.K.Dis./8894/92/A3 had been destroyed. Ext.P4 is the copy of the said reply. Since the land had been converted as a dry land much before the 2008 Act came into force, there was a requirement for a reassessment under Section 6A of the Land Tax Act, 1961 with respect to the land, treating the land as a dry land. The petitioner applied to the 2nd respondent on 10.8.2020, seeking reassessment and reclassification of his land. Ext.P5 is the application. When no orders were issued, the petitioner filed W.P.(C)No.16878/2020 before this Court, which was disposed of by judgment dated 17.11.2020 directing the 1st respondent to verify whether the claim regarding the KLU Order is genuine and take a decision thereafter. Ext.P6 is the judgment of this Court. The 3rd respondent issued Ext.P7 letter dated 25.2.2021 stating that as per the records, the previous Thandapper number relating to the properties belonging to the petitioner was T.P.No.2558 and the owner is recorded as Rajamma. It is further stated that the total extent of land is 16.19 Ares. It is further stated that the remarks column shows that the land had been permitted to be converted as dry land as per order No.K.Dis./8894/92/A3 dated 27.11.1992, but no information or documents evidencing the endorsement are available in the Office of the Village Officer, Manjalloor that no further lands are available in the said Thandapper numbe. Ext.P8 is the copy of the releva