IMPORTANT POINT
An independent assessment is required to determine the characteristics of land before rejecting conversion applications under the Paddy Land Act, regardless of prior permissions.

JUDGMENT

The petitioner is the owner in possession of a property having an extent of 4.21 Ares comprised in Re.Sy.No.50/15 (Old Sy.No.226/5C) in Block No.27 of Alathur Village. The petitioner purchased the said property as per the sale deed dated 07.04.2022 of SRO, Alathur. According to the petitioner, the predecessor in interest of the petitioner earlier submitted an application under Clause 6 of Kerala Land Utilization Order, 1967 and the same was allowed as per Ext.P2 order dated 13.04.1993 by which permission was granted to convert the property for residential purpose. Thereafter, as the property was included in the Data Bank prepared under the provisions of Kerala Conservation of Paddy Land and Wetland Act , 2008 (hereinafter referred to as 'Paddy Land Act'), the petitioner submitted Ext.P3 application in Form 5. Later, the petitioner approached this Court by filing W.P(C) No.27736/2023 for expeditious disposal of the Form 5 application. The said writ petition was disposed of as per Ext.P6 judgment in which direction was issued to the Revenue Divisional Officer to consider Form 5 application taking note of the order passed under the Kerala Land Utilization Order. The 1^st respondent, the Revenue Divisional Officer, issued Ext.P7 order rejecting the application submitted by the petitioner. This writ petition is submitted by the petitioner in such circumstances challenging the said order.

2. A statement has been filed on behalf of the 1^st respondent. In the said statement, it was averred that, even though the property was granted permission to be converted under Clause 6 of Kerala Land Utilization Order , such permission was subjected to certain conditions. It was also averred that, as per the report of the Agricultural Officer, the property was not physically converted for residential purposes as permitted under the Kerala Land Utilization Order and currently the property is lying fallow. Therefore, it was reported by the Agricultural Officer, the same has to be retained in the Data Bank. It is also averred that, on the northern side of the property, there is Palakkad- Thrissur Highway and the rest of the boundaries are currently paddy lands and therefore exclusion of the property from the Data Bank will adversely affect the adjacent paddy lands.

3. Heard Smt.Mini.V.A., learned counsel for the petitioner and Smt.Amminikutty K., learned Government Pleader for the respondents.

4. The challenge raised in this writ petition is against Ext.P7 order, which was passed by the 1^st respondent, rejecting the application submitted by the petitioner in Form 5. One of the grounds raised by the petitioner in support of the challenge is that, the property is already converted prior to the enactment of the Paddy Land Act, on the strength of Ext.P2 permission granted to the petitioner under the provisions of Clause 6 of Kerala Land Utilization Order . However, the said contention is stoutly opposed by the learned Government Pleader, mainly relying upon the conditions imposed in Ext.P2.

5. On going through the contents of Ext.P2 order under Clause 6(2) of KLU Order, it is seen that, the permission was granted by the authority concerned to construct a residential building in the said property subject to certain conditions including that, the property should not be sold to any other person. The relevant part of Ext.P2 order reads as follows:

“Subject to the condition that the field to field irrigation should not be obstructed due to conversion that the land should be utilised for the purpose for which it is granted and that the land should not be sold to other person as permission is granted for his own use only as house site and no exemption from water, tax will be granted.”

Besides, it was also stipulated that a utilization certificate certificate should be submitted to the RDO in due course. Thus, it is evident that, Ext.P2 order was granted to enable the predecessor in interest of the petitioner to utilize the said property for residential purpose