The court emphasized the necessity for an independent assessment of land suitability and compliance with statutory inspection requirements in accordance with existing rules.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“(i) issue a writ of certiorari or any appropriate writ, order or direction calling for the records leading to Exhibit.P5 order and quash the same;

(ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1^st respondent to re-consider and dispose of Exhibit.P3 application and direct to correct the Data Bank of Eloor Municipality and make necessary corrections in the data bank by deleting the land comprised in Re. Sy. No.100 in Block No. 151 of Eloor village owned by the petitioners;

(iii) Grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition;

(iv) Dispense with translation of the documents produced along with the writ petition.”[SIC]

2. The petitioners are aggrieved by Ext.P5 order passed by the 1^st respondent rejecting Ext.P3 Form–5 application submitted by them under the Kerala Conservation of Paddy Land and Wetland Rules , 2008 (‘Rules’, for brevity). The main grievance of the petitioners is that the authorised officer has not considered the contentions of the petitioners.

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

4. This Court perused the impugned order. I am of the considered opinion that the authorised officer has failed to comply with the statutory requirements. The impugned order was passed by the authorised officer solely based on the report of the Agricultural Officer. Even though it is stated that a site inspection is conducted, the details of the inspection is not mentioned in the report. There is no indication in the order that the authorised officer has directly inspected the property or called for the satellite pictures as mandated under Rule 4(4f) of the Rules. There is no independent finding regarding the nature and character of the land as on the relevant date by the authorised officer. Moreover, the authorised officer has not considered whether the exclusion of the property would prejudicially affect the surrounding paddy fields.

5. This Court in Muraleedharan Nair R v.

Revenue Divisional Officer [ 2023 (4) KHC 524 ], Sudheesh U v. The Revenue Divisional O Palakkad [ 2023 (2) KLT 386 ], andJoy K.K. v. The Revenue Divisional Officer/Sub Collector, Ernakulam [ 2021 (1) KLT 433 ], observed that the competent authority is obliged to assess the nature, lie and character of the land and its suitability for paddy cultivation as on 12.08.2008, which are the decisive criteria to determine whether the property merits exclusion from the data bank. The impugned order is not in accordance with the principle laid down by this Court in the above judgments. Therefore, I am of the considered opinion that the impugned order is to be set aside.

Therefore, this Writ Petition is allowed in the following manner:

1. Ext.P5 order is set aside.

2. The 1^st respondent/authorised o directed to reconsider Ext.P3 Form – 5 application in accordance with the law. The authorised officer shall either conduct a personal inspection of the property or, alternatively, call for the satellite pictures, in accordance with Rule 4(4f) of the Rules, at the cost of the petitioners, if not already called for.

3. If satellite pictures are called for, the application shall be disposed of within three months from the date of receipt of such pictures. On the other hand, if the authorised officer opts to personally inspect the property, the application shall be considered and disposed of within two months from the date of production of a copy of this judgment by the petitioners.

4. If the authorised officer is either dismissing or allowing the petition, a speaking order as directed by this court in Vi