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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. Ravi, J.
Anu Mathew W/o. Late Thomas Mathew – Petitioner
Versus
The Revenue Divisional Officer, RDO Office, Kochi. – Respondents
W.P.(C.) No. 26183 of 2021
Decided On : 28-01-2022
Kerala Conservation of Paddy Land and Wet Land Act, 2008 – Petitioner is aggrieved by non-consideration of Ext.P12 application submitted in Form 6 of Kerala Conservation of Paddy Land and Wet Land Act, 2008 – Petitioner submits that land is shown as converted land in Data Bank and in Ext.P7, the Local Level Monitoring Committee has already found that land is liable to be removed from the Data Bank since it is seen as a dry land –Held, Petitioner has also produced Ext.P15 order issued by this Court, wherein it is held that in cases where the property is shown as converted land in Data Bank, there is no requirement for an application in Form 5 for purpose of considering an application in Form 6 – Writ petition disposed of.
JUDGMENT :
1. The petitioner is aggrieved by non-consideration of Ext.P12 application submitted in Form 6 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Petitioner submits that the land is shown as converted land in the Data Bank and in Ext.P7, the Local Level Monitoring Committee has already found that the land is liable to be removed from the Data Bank since it is seen as a dry land. Petitioner has also produced Ext.P15 order issued by this Court, wherein it is held that in cases where the property is shown as converted land in the Data Bank, there is no requirement for an application in Form 5 for the purpose of considering an application in Form 6.
2. In the above circumstances, this writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P12 application in the light of the findings in Ext.P7 regarding the nature of the land and without insisting on a Form 5 application, within four months from the date of receipt of a copy of this judgment. The 1st respondent shall also take into consideration the fact that the extent of land is below 25 cents and the schedule as amended applies.
The Court required adherence to prior legal principles in the reconsideration of land conversion applications under relevant statutes.
The court directs reconsideration of an application for land conversion, emphasizing the need to correct erroneous entries in land records as per established legal principles.
Land classification changes must align with statutory provisions, ensuring irrational decisions are set aside by judicial oversight.
If the land is shown as converted in the data bank, no correction is necessary for considering the application in Form No.6.
The rejection of a Form-6 application under the Kerala Conservation of Paddy Land and Wetland Act cannot be based on arbitrary reasons not provided in the statute.
The Authorized Officer must conduct a proper inspection or seek satellite imagery to assess the nature of paddy land before processing applications under the Kerala Conservation of Paddy Land and Wet....
Statutory compliance in land conversion applications requires timely consideration by authorities under specific provisions.
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