JUDGMENT :

C.S. Dias, J.

The writ petition is filed to quash Ext.P4 order and direct the 2nd respondent to re-consider Ext.P3 application (Form 5) submitted under Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short).

2. The petitioner is the owner in possession of 18.21 Ares of land comprised in Survey No.128/8-1 of the Veliyannur Village in Kottayam District, covered by Ext.P1 land tax receipt. The petitioner’s property is a garden land. However, the respondents have erroneously classified the land as paddy land and included it in the data bank. In the said background, the petitioner has submitted Ext.P3 application, to remove her property from the data bank. The 2^nd respondent, solely relying on the reports of the additional 4^th respondent and the Village Officer, has held that the petitioner's property cannot be removed from the data bank. In fact, the 2^nd respondent has not independently assessed the nature, lie, and character of the petitioner's property as on 12.8.2008, the date the Act came into force. The 2^nd respondent ought to have also called for a report from the KSREC to have assessed the character of the property as contemplated u