Decisions on land classification must adhere to procedural mandates, requiring reports from the Village Officer, not solely from the Agricultural Officer.

JUDGMENT

Petitioners have approached this Court seeking to quash Exts.P17 to P20 and also for a declaration that the property of the petitioners are not a paddy land or wetland as defined under the Kerala Conservation of Paddy Land and Wetland Act, 2008 .

2. The brief facts necessary for disposal of the writ petition are as follows:-

1^st petitioner is the owner in possession of 36.36 ares in Re.Sy. No.240/1B of Narath Amsom Desom in Kannur District obtained as per Ext.P1 assignment deed and Ext.P2 release deed. In the property having an extend of 36.36 ares (90 cents), about 35 cents of property was surrendered for formation of the PWD road through the middle of the property. Out of the remaining 55 cents, 1^st petitioner gifted 17 cents of land in favour of his wife, the 2^nd petitioner herein as per Ext.P3 settlement deed. The entire land belonging to the petitioners were classified as ‘purayidom’ in the revenue records as evident from Exts.P4 and P5 land revenue payment receipts and has been paying land tax for the said properties. Ext.P6 possession certificate also shows the classification of property as unclassified dry land. Same is the description of the property in the Ext.P7 adangal extract issued by the Village OfÏcer. In the data bank prepared in the year 2008 the said properties of the petitioners were not included. It is submitted that as far as the property of the 1^st petitioner is concerned, on the southern side there is PWD road, on the eastern and western sides there are garden land. But on the northern side alone a water canal (thodu) is situated. As far as the property of the 2^nd petitioner is concerned, on the eastern side a stone crusher is functioning and on the western side, a plywood factory and other buildings are situated, on the north a PWD road and on the southern side also the property of a third party is situated, which is not at all classified as a wet land.

3. The petitioners later came to know that the property was subsequently included in data bank as wetland as per Ext.P12 minutes of the Local Level Monitoring Committee. Petitioners submit that inclusion of the property in the data bank as wetland is absolutely arbitrary and illegal and without any justification. Thereupon petitioners submit Exts.P13 and P14 Form-5 applications and thereafter approached this Court by filing writ petitions, and this Court disposed of the said writ petitions as per Exts.P15 and P16 judgments. Based on the same, applications submitted by the petitioners were considered and rejected by Exts.P17 and P18 orders.

4. A detailed counter afÏdavit has been filed by the 2nd respondent and based on the same the learned Government Pleader would contend that the impugned orders were passed taking into consideration the report submitted by the agricultural ofÏcer, that if the properties are excluded from the data bank it will adversely affect the ecological system. As per the decision in the meeting of LLMC held on 26.03.2018 not only the property of the petitioners but other neighboring properties were also included in the data bank. The land of the petitioners is actually transformed into what is today by filling soil illegally. It is considering the report and on verification of satellite images that the applications of the petitioners seeking exemption of the land from the data bank was declined by Exts.P17 and P18 orders.

5. I have heard the rival contentions of both sides.

6. Admittedly, the properties of the petitioners are included in the data bank as wetland and it is for removing the said entry in the data bank that the applications were submitted. Rule 4(4)(4e) of Kerala Conservation of Paddy Land and Wetland Rules, 2008 (hereinafter referred to as ‘Rules, 2008’) deals with consideration of application for removal from the data bank. It specifically mandates that if the applications received are for removal of the property which is included as paddy land, report from the agricultural ofÏcer is to be obtained and if the p