The Court emphasized the applicability of prior laws for applications filed before Section 27A's introduction.

JUDGMENT

The petitioner had submitted Ext.P1 application as early as in 2015 seeking conversion of the nature of the property. The afore application was once rejected by Ext.P5, and by Ext.P6 the matter was directed to be reconsidered afresh. On that basis, the Revenue Divisional Officer has now issued the order at Ext.P7 dated 08.11.2022, finding that since the petitioner has not filed an appropriate application under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act and Rules, the request made by the petitioner would not be considered. It is seeking to challenge Ext.P7 issued as above that the petitioner is before this Court.

2. Heard Sri. K. Jayesh Mohankumar, the learned counsel for the petitioner, Smt. Anjana, the learned counsel for the 6^th respondent Panchayath, as well as Sri. Sunil Nath, the learned Government Pleader.

3. The fact that the petitioner had filed Ext.P1 application as early as in 2015 is not in dispute. The insistence for filing an application under Section 27A of the Act arises only with reference to applications that are filed for the first time after the introduction of of the Act, with effect from December 2017. In the case at hand, the petitioner, as noticed earlier, has submitted Ext.P1 on 22.04.2015. The petitioner would also be entitled to the benefits extended by the Government with reference to the properties having an extent of less than 25 cents, pursuant to Ext.P8 notification dated 25.02.2021.

4. In such circumstances, the consideration made while issuing Ext.P7 does not appear to be correct. This Court also notices the submission made by the learned counsel for the petitioner that the LLMC has already informed the Agricultural Officer that the property in question cannot be utilised for any agricultural operations.

In that view of the matter, the impugned order at Ext.P7 is set aside. There will be a direction to the RDO or the authorized officer to pass orders on Ext.P1 application, also extending the benefits pursuant to Ext.P8 notification, as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment.

Sd/-