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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
Abdul Jaleel S/o.ummer – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
The petitioner is the owner of the property having an extent 4 Ares 45 Sq. Meters comprised in Sy.No.316/4-22 in Thalakkad Village, Tirur Taluk of Malappuram District. The grievance of the petitioner is that, even though the property of the petitioner stood reclaimed much prior to the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as the 'Paddy Land Act'), the same continued to be described as 'Paddy Land' in the revenue records.
2. In such circumstances the petitioner submitted an application in Form 6 to classify the property of the petitioner as ‘Purayidam’. The said application was however, rejected by the 3rd respondent as per Ext.P1 order dated 17.10.2022. The order of rejection as per Ext.P1 was passed by the 3rd respondent, accepting the report of the Tahasildar to the effect that on the southeastern side of the property, there is a water canal and, therefore, the property is to be included in the Data Bank.
3. Challenging Ext.P1, an appeal was submitted before the 2nd respondent, which culminated in Ext.P4 order by which the said appeal was rejected, confirming Ext.P1 order. The reason mentioned for rejection of th
The rejection of an application for land classification cannot be based solely on the presence of a water canal without evidence of adverse effects on neighboring lands.
Statutory authorities must act within their jurisdiction, and rejection of an application for land classification cannot rely on factors outside the scope of the inquiry defined in the relevant law.
The Agricultural Officer's independent report is essential for paddy land classification, and land being fallow does not qualify it as paddy land under the Act.
The court held that erroneous entries in the Data Bank regarding land classification must be corrected, emphasizing the need for proper review of applications under the Kerala Conservation of Paddy L....
The court emphasized the necessity for statutory authorities to evaluate the impact of land reclamation on adjacent agricultural lands per legal protocols.
Point of Law : Only for reason that property is lying as fallow, the same cannot be termed as paddy land or wetland under the Act, 2008.
The Court required adherence to prior legal principles in the reconsideration of land conversion applications under relevant statutes.
The Data Bank under the Kerala Conservation of Paddy Land and Wetland Act must only include properties defined as 'paddy land' or 'wetland'; erroneous classifications must be corrected.
Properties unfit for paddy cultivation cannot be labeled paddy land; suitability as of the enactment date is pivotal.
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