High Court upholds Single Judge's decision on writ petitioners' applications, emphasizing adherence to statutory provisions.

The High Court upheld the Single Judge's decision, emphasizing that the writ petitioners' applications should have been considered under the old law, not the amended provisions. The Court dismissed the appeals, highlighting the importance of adhering to clear statutory provisions and legal precedents in such matters.

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Issues:
Interpretation of Sections 27A and 27C of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 in the context of making additional entries in the Basic Tax Register based on orders secured under the Kerala Land Utilization Order, 1967.

Analysis:

Issue 1:
The writ petitioners sought to make additional entries in the Basic Tax Register as 'garden land/purayidam' based on orders secured under the Kerala Land Utilization Order, 1967, before the amendment of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The Tahsildar directed the petitioners to pay 25% of the scheduled fee under the amended Rules. The Single Judge directed the Tahsildar to consider the request without insisting on payments per the amended provisions. The appeals challenged this decision, arguing that Section 27C of the Act, effective from 30.12.2017, must be followed for post-amendment applications. The respondents supported the Single Judge's decision.

Issue 2:
The High Court analyzed the provisions of Section 27A and Section 27C of the Act. Section 27A, effective from 30.12.2017, required owners to seek permission for land use changes. However, the writ petitioners had obtained orders under the Kerala Land Utilization Order, 1967, before this date. The Court found that the orders under the earlier law were final and binding. Section 27C deals with changes in records after land conversion under specific Act provisions. As the writ petitioners applied based on the old orders, Section 27C did not apply. The Court cited precedents to support the view that the Tahsildar should have considered the applications under the old law, not the amended provisions.

Issue 3:
The Court referred to judgments like Mariyumma and Renjith George, emphasizing that the Tahsildar's directive for payment based on the amended provisions was legally unsustainable. The Tahsildar should have followed the law as per the old orders. The Court dismissed the appeals, stating that the statutory authority cannot expand the law's scope by issuing contrary directions. The decision aligned with the legal principles laid down in previous judgments and the clear statutory provisions.

In conclusion, the High Court upheld the Single Judge's decision, emphasizing that the writ petitioners' applications should have been considered under the old law, not the amended provisions. The Court dismissed the appeals, highlighting the importance of adhering to clear statutory provisions and legal precedents in such matters.

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