2025:KER:30459 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 43699 OF 2023 PETITIONER: JASMINE S, AGED 61 YEARS, W/O/ LATE ADV. MUHAMMED ASHRAF, ‘GHAZAL', HOUSE NO. 50, 6TH LINK PARK CROSS ROAD, P J ANTONY ROAD, PACHALAM, KOCHI, PIN – 682012. BY ADVS. P.CHANDRASEKHAR ANOOP KRISHNA ANAND SANKAR C.RAMAN REGIMOL M.K. JENNY THANKAM RESPONDENTS: 1 THE TAHSILDAR, TALUK OFFICE RD, NEAR EXCISE OFFICE, FORT ,EAST FORT, PAZHAVANGADI, THIRUVANANTHAPURAM, KERALA, PIN – 695023. 2 ADDL.R2. REVENUE DIVISIONAL OFFICER, 1ST FLOOR, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 695043 (IS IMPLEADED AS PER ORDER DATED 05-02-2024 IN IA 2/2024 IN WP(C) 43699/2023). 3 ADDL.R3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. W.P.(C)No.43699 of 2023 2 2025:KER:30459 (ADDL.R3 IS IMPLEADED AS PER ORDER DATED 04-07-2024 IN IA 4/2024 IN WPC 43699/2023). OTHER PRESENT: SRI ASWIN SETHUMADHAVAN SR GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.43699 of 2023 3 2025:KER:30459 JUDGMENT The petitioner points out that certain properties were being originally held by her deceased husband as seen from Ext.P2 document of the year 1973, which in turn was purchased by her father-in-law in the year 1951 as per Ext.P1. The petitioner states further with reference to the assessment given in Ext.P2, that the property concerned was not a wet land. However, it is the case of the petitioner that the property was erroneously included in the data bank on account of which her husband filed an application seeking removal of the property from the data bank. The application filed as above, is seen disposed of as per Ext.P4 by the RDO, in favour of the petitioner’s husband and removing the property in question from the data bank. Placing reliance on the finding in Ext.P4, petitioner submitted Ext.P5 before the Tahasildar with reference to the provisions of the Kerala Land Tax Act, 1961 seeking assessment to land tax so that the petitioner can remit the tax accordingly. It is seeking a direction to the Tahasildar and the Tahasildar to pass orders on the afore application that the captioned writ petition is W.P.(C)No.43699 of 2023 4 2025:KER:30459 filed by the petitioner. 2. I have heard Sri.P.Chandrasekhar, the learned counsel for the petitioner, Sri.Aswin Sethumadhavan, the learned Senior Government Pleader on behalf of the respondents herein. 3. This Court notices that Ext.P4 is issued in the year 2022. The provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, has been amended from 2018 by incorporating the provisions under Section 27A w.e.f. 30.12.2017, as per which the party concerned has to make an appropriate application, seeking permission for change in user, to make changes in the BTR, in cases of the like nature. The anxiety of the petitioner, is to the effect that, if such an application is to be presented, the petitioner may have to satisfy the required fee therein. However, insofar as the petitioner's property is admittedly not a wet land even going by Exts.P1 and P2, by virtue of the proviso to Subsection (3) to Section 27A, I am of the opinion that the petitioner can maintain an application even without satisfying the required fee. W.P.(C)No.43699 of 2023 5 2025:KER:30459 4. In that view of the matter, I am of the opinion that, it is for the petitioner to file an appropriate application under Section 27A before the RDO. In such circumstances, the captioned writ petition would stand disposed of directing the petitioner to file an appropriate application under Section 27A of the Act, within a period of three weeks from today. If such an application in Form No.9 is filed by the petitioner, the RDO to act on the same and to pass an appropriate order, in accordance with law, within a further period of four weeks thereafter. The Tahsildar to consider and pass orders of Ext.P5 application filed by the petitioner in tune with the orders to be as above passed by the RDO/competent authority. Sd/- HARISANKAR V. MENON JUDGE ANA W.P.(C)No.43699 of 2023 6 2025:KER:30459 APPENDIX OF WP(C) 43699/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LEGIBLE COPY OF THE SALE DEED NO. 3406/1951 DATED 17.09.1951 OF THIRUVANANTHAPURAM SRO Exhibit P2 A TRUE COPY OF SALE DEED NO. 1876/1973 DATED 23.08.1973 OF THIRUVANANTHAPURAM SRO Exhibit P3 A TRUE COPY OF THE REGISTERED RELEASE DEED NO. 2149 DATED 24.06.1987 Exhibit P4 A TRUE COPY OF THE ORDER DATED 15.06.2022 OF THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM Exhibit P5 A TRUE COPY OF THE SAID APPLICATION ALONG WITH COVERING LETTER DATED 14.02.2023 Exhibit P6 A TRUE COPY OF THE POSTAL RECEIPT EVIDENCING SENDING OF EXHIBIT P5 BY REGISTERED POST Exhibit P7 A TRUE COPY OF THE POSTAL ACKNOWLEDGMENT DATED 20.02.2023 EVIDENCING RECEIPT OF EXHIBIT P5 BY THE RESPONDENT Exhibit P8 TYPED COPY OF SALE DEED NO. 3406/1951 DATED 17.09.1951 OF THIRUVANANTHAPURAM SRO.