The classification of land as paddy land or wetland requires careful evaluation of actual use and natural features rather than mere designation in official documents.

JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. The above Writ Petition (C) is filed with the following prayers:

"(i) To call for the records leading to Ext.P14 from the 6^th Respondent and to issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P14 order of the Local Level Monitoring Committee declining to delete the Petitioner’s 22.60 Ares of Property comprised in Re- Sy.No:120 in Block No:15 of Athiyannoor Village in Thiruvananthapuram District from Ext.P2 Data Bank and to change the classification of the land from the basic tax register.

(ii) To issue a writ of mandamus or other appropriate order or direction commanding the Respondents to change 22.60 Ares of Property comprised in Re-Sy.No:120 in Block No:15 of Athiyannoor Village in Thiruvananthapuram District from Exhibit P2 Data Bank and to change in the classification of the Land from the Basic Tax Register in the light of the directions in the Judgments of this Hon’ble Court.

(iii) To issue a writ of mandamus or other appropriate order or direction commanding the Respondents to accept Rs.63,574/- being the fair value of 22.60 Ares of Property of the Petitioner calculated as per Ext.P3 comprised in Re-Sy.No:120 in Block No:15 of Athiyannoor Village in Thiruvananthapuram District in the light of Geo Peter Vs. Revenue Divisional Officer, Muvattupuzha and others in 2019 (4) KHC 400 taking into consideration of the application submitted by the Petitioner dated 28/01/2016 within a stipulated time as directed by this Hon’ble Court and proceed for conversion of the property and to change in the classification of the Land from the Basic Tax Register.

(iv) To dispense with filing of English translation of Vernacular Documents.

(v) To issue such other appropriate writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case." [SIC]

2. Petitioner is in absolute title, possession and enjoyment of 22.60 Ares of property comprised in Re-Sy.No.120 in Block No.15 of Athiyannoor Village in Thiruvananthapuram District obtained by virtue of Settlement Deed No.2281/2013 of Neyyattinkara Sub Registry, is the submission. It is submitted that the petitioner effected mutation of the property in Thandaper Account No.7449 and is properly paying tax as evident from Ext.P1 tax receipt. The above property is wrongly included in Ext.P2 Data Bank by stating the status as Wet Land, is the submission. However, in the remarks column of Ext.P2, it has been mentioned that there are yielding coconut trees in the property. The petitioner submitted an application for conversion of the property on 23.01.2016 and the 2^nd respondent called for a report. The 5^th respondent submitted Ext.P3 report, Mahazar, location sketch and a calculation sheet stating that the above property is a coconut plantation having 40 years age and it is a reclaimed land and that the adjacent properties are coconut plantations and in the Data Bank register, it is stated as coconut plantation, and however in the BTR, it is stated as Wet Land. The petitioner submitted Ext.P4 before the Local Level Monitoring Committee (for short ‘LLMC’) to delete the property from the Data Bank and filed W.P.(C) No.5148/2017. This Court passed Ext.P5 interim order and the petitioner submitted Ext.P6 along with Ext.P5 before the 6^th respondent for consideration. Thereafter, this Court disposed of the Writ Petition by Ext.P7 Judgment. The 6^th respondent LLMC rejected the application by Ext.P8 order. The petitioner challenged the same before this Court by filing W.P.(C) No.5896/2022. This Court as per Ext. P9 judgment, allowed the writ petition and s