The failure to consider relevant expert data in the classification of land under conservation laws requires reconsideration of decisions impacting land use.

JUDGMENT

The above writ petition is filed with the following prayers :

“i. To issue a Writ of certiorari or any other appropriate writ or order or direction, quashing Exhibit P3 as unjust and illegal;

ii. To issue a Writ of certiorari or any other appropriate writ or order or direction, quashing Exhibit P1 to the extent to which, the land of the petitioner is included as paddy land in the Data Bank prepared by the 5th respondent;

iii. To declare the land of the petitioner in the application as unnotified land/ dry land and liable to be removed from the Data Bank Register;

iv. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 3 to 5 to remove the entries regarding the petitioner's property from the Data Bank register and to publish an erratum notification in Kerala Gazette for the same;

v. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 3rd respondent to reconsider Ext. P2, the From.5 application for excluding the land of the petitioner from Data Bank, after conducting site inspection of the land along with verifying the KSRSEC Report, within a time frame fixed by this Hon'ble Court;

vi. And to pass such other appropriate orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.” [SIC]

2. The main challenge in this writ petition is against the dismissal of an application filed under Form-5 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short “the Act”). Ext.P3 is the order passed by the 3rd respondent- Revenue Divisional Officer. The main challenge against Ext.P3 is that Ext.P4 order of the Kerala State Remote Sensing and Environment Centre (KSREC) is not considered.

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

4. I perused Ext.P3 order passed by the 3rd respondent.

I also perused Ext.P4 report of the KSREC. It will be better to extract the observation and conclusion in Ext.P4.

“The analysis has been carried out from all available data sets of toposheet (1967) and different satellite data sets of 2005, 2013, 2017 and 2018 for the survey plot.

As per the toposheet of 1967, the survey plot 212/1P was observed under paddy land. The plot was observed under soil filed in 2005 data. The data of year 2013 shows that the entire area of the plot was under mixed vegetation/plantation. Further, the whole area of the plot was under water logged in 2017 and

2018 data.”

5. According to the petitioner, the finding of KSREC is that the data of 2013 shows that the entire area of the plot was mixed vegetation/plantation. Further, the whole area of the plot was under water logged in 2017 and 2018 data.

6. According to the petitioner, he will be satisfied if the matter is reconsidered by the 3rd respondent, in the light of Ext.P4 order passed by the KSREC. I think such a relief can be granted in this case. I make it clear that I have not considered the matter on merit and the 3rd respondent is free to pass orders in the light of Ext.P4 order.

Therefore, this writ petition is allowed in the following manner :

1)Ext.P3 is set aside

2)The 3rd respondent is directed to reconsider the matter in the light of Ext.P4 as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.

3)Before passing final orders, the 3rd respondent will give an opportunity of hearing to the petitioner.

SD/- P.V.KUNHIKRISHNAN JUDGE SKS APPENDIX OF WP(C) 11646/2021 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE RELEVANT PAGES OF THE DATA BANK REGISTER ALONG WITH LETTER OF THE 4TH RESPONDENT DATED 3.3.2020 Exhibit P2 THE TRUE COPY OF FORM.5 APPLICATION DATED

28.5.2020 FOR REMOVAL OF THE ENTRIES ABOUT PETITIONER'S LAND FROM DATA BANK SUBMITTED BEFORE 3RD RESPONDENT.

Exhibit P3 A COPY OF THE ORDER NO.A.229430/20 DATED

9.2.2021 OF SUB COLLECTOR, KOLLAM.

Exhibit P4 A COPY OF REPORT OF KSREC ALONG WITH THE LETTER NO.A/172/2015/KSREC/009351/18 DA