The Revenue Divisional Officer must independently assess land status under the Kerala Conservation of Paddy Land and Wetland Act, ensuring compliance with statutory requirements.

JUDGMENT :

WP(C) No.6607 of 2022 is filed challenging Ext.P9 order, whereby the operation of Ext.P6 order issued under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as the ‘Act, 2008’) issued in favour of the petitioner was freezed on the contention that Exts.P6 and P8 orders are issued by the Revenue Divisional Officer without obtaining a report from the Agricultural Officer. WP(C) No.6258 of 2022 is filed challenging Ext.P6, whereby the Village Officer has issued a stop memo for the alleged reclamation of the paddy land by the petitioner. WP(C) No.6641 of 2022 is filed by a resident of Koratty Grama Panchayath and ofÏce bearer of ‘Uravu’ an environmental organisation against the orders granted in favour of the petitioner in the above two cases and seeking a direction to the petitioner in the above two writ petitions not to convert or reclaim the property and for a consequential direction to the 3^rd respondent to initiate action. WP(C) No.40667 of 2024 is filed challenging Exts.P19 and P20, whereby the Form-5 application submitted by the petitioner has been rejected.

2. Since common issues are involved in these writ petitions and are heard and disposed of by a common judgment, I will advert to the facts of the case in WP(C) No.40667 of 2024. It is averred that the petitioner is the owner in possession of an extent of 6.3 acres of land in Kizhakkummuri Village, Thrissur District. It is contended that the eastern side of the said property is a National Highway, western side a railway line, the southern side of the property is a residential building and northern side is a developed land. Petitioner purchased the above said property for construction of a hospital. It is the contention of the petitioner that out of the 6.3 acres of land 153.6 ares of land (3.79 acres) situated in Sy.Nos.331, 335 and 357 of Kizhakkummuri village is entered in the revenue records as paddy land. It is the further contention of the petitioner that for the past more than 50 years it is not a paddy land and adjucent properties are also not paddy land, and the land is not fit for any paddy cultivation as per the nature of the property as on the commencement of the Act, 2008. It is also contended that there is no irrigation facility or other facility available for cultivation in the said land atleast for the past more than 25 years. As regards the nature of the land in question it is contended that the same will not qualify in the defenition of paddy land as per the provisions of the Act, 2008. Out of the 6.3 acres of land of the petitioner as aforesaid 29.83 ares of land (73.73 cents) is a dry land in the revenue records.

3. Petitioner filed Ext.P3 application in Form-7 in respect of 89 ares of land. Later on petitioner filed another application in Form- 7 in respect of the balance extent of land. The Revenue Divisional Officer, Irinjalakkuda directed the Village Officer and Agricultural Officer to file a report. The Agricultural Officer did not file a report and the Village Officer submitted Ext.P5 report, and the enquiry report of the Village Officer is Ext.P6. It is contended that, going by Ext.P5 report the petitioner’s land is lying as a reclaimed land and there is no paddy cultivation anywhere near the petitioner’s property and the petitioner’s land is having usufructs including coconut trees aged 40 years and mango trees as well as jackfruit trees. However as the petitioner’s land was included in the data bank petitioner subsequently came to understand that, as first step petitioner has to file Form-5 application before the Revenue Divisional Officer for removing the petitioner’s land from the data bank. Thereupon petitioner submitted Ext.P7 Form-5 application on 09.03.2021. As Exts.P5 and P6 reports were already available on the basis of the Form-7 application submitted by the petitioner, taking into consideration the said reports the Revenue Divisional Officerafter conducting a site inspection a