JUDGMENT

Dated this the 26^th day of May, 2025

The writ petition is filed to quash Ext.P5 order and direct the 2^nd respondent to re-consider Ext. P4 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 22.800 Ares of land comprised in Survey Nos. 99/5, 99/5-1 and 99/5-2 of Nemom Village, Thiruvananthapuram Taluk, Thiruvananthapuram District covered by Ext. P1 sale deed. The petitioner’s property is a dry land. However, the respondents have erroneously classified the property as ‘Nilam’ and included it in the data bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('Act' for short) and the Rules framed thereunder. In order to remove the property from the data bank, the petitioner had submitted Ext.P4 application. However, the second respondent, solely relying on the report of the Agricultural Officer, who has reported that the property is waterlogged and has water streams, has passed the impugned Ext. P5 order. The second respondent has not directly inspected the property of the petitioner or called for satellite images from the St