J UDGMENT

The petitioner is the owner in possession of 16.39 ares of land in Sy. No. 84/2 of Porathissery Village. By Ext. P2, the property of the petitioner has been removed from the Data Bank. Thereafter, the petitioner submitted an application in Form-6 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (hereinafter called the ‘Rules, 2008) before the respondent for changing the nature of the land. The respondent by Ext. P4, rejected the application on the ground that a bund was constructed in the land and trees were planted, and the area is deemed unsuitable for construction activities. Additionally, it is stated that the property is surrounded on three sides by paddy fields cultivating bananas, which lie at a lower level, increasing the likelihood of partial water logging in the said property. Ext. P4 is impugned in this writ petition.

2. Section 27A(2) of the Kerala Conversion of Paddy land and Wetland Act, 2008 (hereinafter referred to as ‘Act, 2008) mandates that the Revenue Divisional Officer shall pass orders on the request for a change of nature of unnotified land after considering the report of the Village Officer concerned and 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 and that if the area of such parcel of land where the application is allowed is more than 20.2 Ares, ten percent of such land shall be set apart for water conservancy measures. Section 27A(4) further mandates that if the application is allowed, the Revenue Divisional Officer shall ensure that the reclamation of 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.

3. Rule 12 of the Rules, 2008 deals with the procedure for change of nature of unnotified land, as provided in S.27A of the Act 2008. Rule 12(4) provides that on receipt of an application under Form 6 as provided in Rule 12 of the Rules 2008, the Revenue Divisional Officer (RDO) shall forward the application to the Village Officer concerned and the Village Officer, in turn, shall conduct an enquiry on the application and submit a report before the RDO and Rule 12(5) mandates that the Village Officer shall also report whether if a change of nature of the land is permitted, it will cause any obstruction to the free flow of water to the nearby paddy fields, if any. The Rules further provide that if the extent of the property is more than 20.23 Ares, the report of the Agricultural Officer should also be obtained by the RDO as to the effectiveness of water conservancy measures that the applicant is proposing to implement in the property. A perusal of the Act and the Rules, 2008 reveals that the only aspect that should be ascertained by the RDO while considering a Form 6 application seeking permission to change the nature of the unnotified land is whether such change of nature of land will affect the free flow of water to the nearby paddy field, if any, and that such reclamation would adversely affect the cultivation of paddy or any other crops, if any, in the adjoining land.

4. A perusal of Ext. P4 order reveals that there is no adverse finding by the RDO that the reclamation will affect the free flow of water to the nearby paddy field and whether it will adversely affect the cultivation of paddy or any other crops in the adjoining lands. The application has been rejected by Ext. P4 order on the ground that the property is surrounded on three sides by paddy fields cultivating bananas, which lie at a lower level. The reasons stated in Ext. P4 for rejecting the Form 6 application submitted by the petitioner are not contemplated as per Section 27A of the Act 2008 or in Rule 12 of the Rules, 2008.

5. The reasons stated are essentially parameters to be considered at the time of consideration of a Form 5 applica