The court highlighted the necessity for recognizing historical land use through proper documentation, ensuring equal treatment for properties of similar status under applicable law.

JUDGMENT

The case set up in this Writ Petition (Civil) is as follows:-

Petitioner is the owner in possession of 11.32 ares of property in Sy. No.1026/1 and 6.38 ares of property in Sy. No.1036/3 of Kothamangalam Taluk. Even though, these properties were converted as dry land before 1967 but still the property is described as Nilam in the basic tax register. These two properties, i.e. the property in Sy. No.1026/1 and 1036/3 of Kothamangalam Village are lying as a single block with well defined boundaries. The predecessor in interest of these properties was one Devassy S/o Kuruvilla. Said Devassy acquired 69 cents of property in Sy. No.1036/3 of Kothamangalam Village as per Ext.P2 sale deed of the year M.E. 1116. He acquired 1 acre 45 cents of land in Sy. No.1026/1 as per Ext.P3 of the year 1953. In Ext.P3 document executed in the year 1953, it has specifically stated therein that the 64 cents of property in Sy. No.1026/1 is lying as land (Øe). As per 'Sabdha Tharavali'

dictionary 'Øe' means 'Ir{Xna {]tZiw, sh«ns¸m¡nsbSp¯ `qan,' therefore it is unambiguously clear from Ext.P3 document executed in the year 1953 that the property in Sy. No.1026/1 is not a paddy land but it is a converted land. Ext.P5 subsequent sale deed executed in the year 1975 also endorsed the fact that the property in Sy. No.1026/1 is a converted land. Since petitioner's property is lying as converted much before 1967 but still this property is described as nilam in the basic tax register. Petitioner submitted Ext.P7 application under Section 27 A (3) Proviso, seeking exemption from paying fee as described under (3) of Kerala Conservation of Paddy Land and Wetland Act, 2008 . Quite surprisingly as per Ext.P7 order dated 20.03.2020, the 3rd respondent give exemption for his property having 6.38 ares in Sy. No.1036/3 and rejected exemption for petitioner's 11.32 ares of property in Sy. No.1026/1 alleging that, the prior document did not reveal that the property in Sy. No.1026/1 was converted prior to 09.07.1967.

It is in the light of the above factual averments and contentions that the petitioner has filed instant Writ Petition (Civil) with the following prayers:-

"i) Call for the entire records leading to Ext.P7 and quash the same to the extent of rejecting petitioner's application under Section 27 A (3) of Kerala Conservation of Paddy Land and Wetland Act, 2008. Pertaining to petitioner's 11.32 ares of property in Sy. No.1026/1 of

Kothamangalam Village passed by the 3rd respondent, by issuing a writ of certiorari or any other appropriate writ, order or direction;

ii) Issue a writ of mandamus and other appropriate writ, order or direction and thereby command the 3rd respondent to allow the petitioner's Ext.P6 application without insisting the petitioner to remit any amount for allowing his application since his property in Sy. No.1026/1 of Kothamangalam Village, has been converted much prior to 04.07.1967.

iii) Grant such other reliefs, which are just and necessary in the interest of justice and deem fit, just and proper."

2. Heard Sri.Peeyus A. Kottam, learned counsel appearing for the petitioner, Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for respondents.

3. According to the petitioner he is entitled for the benefit of the proviso to Section 27 A (3) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as 'the Act') inasmuch as two items of the subject properties had been converted as garden land/ purayidom much prior to 04.07.1967 (date of coming into force of the Kerala Land Utilisation Order, 1967), eventhough the properties have been described as 'Nilam/Paddy Land' as per the Basic Tax Register. Thereupon petitioner has submitted the requisite application dated 30.08.2019 in Form No.9 for securing the benefit of the proviso to (3) of the Act in respect of the said two items of the property. (3) and its proviso reads as follows:

"27. Sums due recoverable as arrears of land

revenue to Government.-