The court held that the respondent's requirement for satellite images in processing a land classification application is illegal, emphasizing adherence to statutory procedures outlined in the Kerala Conservation of Paddy Land and Wetland Act.

JUDGMENT :

1. The writ petition is filed to direct the respondent to consider Ext.P2 application (Form 6) submitted under Section 27A read with Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules framed thereunder (in short ‘Act and Rules’) .

2. The petitioner is the owner in possession of 74.10 cents (29.99 Ares) of land in Hosdurg Village, Kasargod District. The petitioner’s property is a converted land prior to 12.08.2008. The petitioner with two others have constructed a hotel complex in the said property, as evident from Ext.P5 occupancy certificate. However, the revenue authorities have erroneously classified the land as paddy land and had included it in the data bank. Consequently, the petitioner had filed a Form 5 application under Rule 4(d) of the Rules and the same was allowed. Subsequently, the petitioner filed Ext.P2 application to change the nature of the land in the revenue records. But, by Ext.P3 order, the respondent returned the application, directing the petitioner to remit the requisite fee to call for a report from the Kerala State Remote Sensing and Environment Centre (in short ‘KSREC’). The procedure directed in Ext.P3 order is not envisaged under the Act and Rules. Ext.P3 order is illegal and arbitrary.

3. Heard; the learned counsel for the petitioner and the learned Government Pleader.

4. It is not in dispute that, pursuant to Ext.P1 order, the petitioner's property was removed from the data bank. Subsequently, the petitioner had submitted Ext.P2 application, to change the nature of the land in the revenue records. However, the respondent has returned the application, directing him to pay the fee to obtain a report from the KSREC.

5. The procedure to change the nature of a property from the revenue records is envisaged under Section 27A read with Rule 12(1) of the Act and Rules.

6. It is apposite to refer to Sub-Sections (1) to (4) of Section 27A and Sub-rules (1) to (5) of Rule 12, which are relevant for this case and read as follows:

(A) Section 27A Change of nature of unnotified land.--

(1) If any owner of an unnotified land desires to utilise such land for residential or commercial or for other purpose, he shall apply to the Revenue Divisional Officer for permission in such manner as may be prescribed.

(2) Notwithstanding anything contained in any judgment, decree or order of any Court or Tribunal or any other authority, the Revenue Divisional Officer may, after considering the reports of the Village Officer concerned, pass such orders as deemed fit and proper on such applications, ensuring that there is no disruption to the free flow of water to the neighbouring paddy lands, if any, through such water conservancy measures as is deemed necessary:

Provided that, if the area of such parcel of land where the application is allowed is more than 20.2 Ares, ten per cent of such land shall be set apart for water conservancy measures.

(3) If the application is allowed, the applicant shall be liable to pay a fee at such rate as may prescribed:

Provided that, no such fee shall be collected if the applicant proves that the land where the application is allowed is, filled up or naturally filled up before the 4th day of July, 1967, the date of commencement of the Kerala Land Utilisation Order, 1967, after completing such procedure, as may be prescribed.

(4) If the application is allowed, the Revenue Divisional Officer shall ensure that the reclamation of the unnotified land shall not adversely affect the cultivation of paddy or any other crops, if any, in the adjoining land and shall specify such water conservancy measures as is necessary to ensure such cultivation:

Provided that in specifying such water conservancy measures, the Revenue Divisional Officer may, if he deems fit, refer to satellite maps of the area maintained by Government agencies.

(B) Rule 12. The procedure for permitting change in nature of unnotified lands as per Sub Section (2) of Section 27A.

(1) In the case of an applica