The definition of 'paddy land' under the applicable Act is essential in determining the suitability for cultivation and requisite due process must be followed in related applications.

JUDGMENT

This Writ Petition (C) is filed with the following prayers:

" I. Issue a writ of Certiorari or other appropriate writs, orders or directions to call for the records leading upto Exhibit.P11 order and to quash the same;

II. Issue a writ of Mandamus or other appropriate writs, orders or directions, commanding the 1^st respondent to exclude the property from the data bank as expeditiously as possible at any rate within a time frame to be fixed by this Hon’ble Court in the interest of justice."

[SIC]

2. A Form-5 application submitted by the petitioner was originally dismissed, and the same was challenged before this Court, and this Court, as per Ext.P10 judgment, set aside the same and directed the 1^st respondent to reconsider the application. Now, Ext.P11 order is passed again, dismissing the application.

Aggrieved by the same, this Writ Petition is filed.

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

4. This Court perused Ext.P10 judgment. It will be better to extract the relevant portion of the Ext.P10 judgment.

" 2. Based on the directions issued by this Court in Ext.P8 judgment dated 26.05.2022 in W.P.(C) No.17038/2022, which directed the consideration of the Form-5 application submitted by the petitioner, Ext.P9 order was passed. Ext. P9 order mentioned that the KSREC report pertaining to year 2013 showed that the land was lying fallow and also stated the existence of the two canals on either side of the petitioner’s property. Though the impugned order refers to the KSREC report, report of the LLMC and the agriculture officer, there is no finding in Ext.P9 as whether the property is a paddy land or whether it is a cultivable paddy land. They could not have been any finding that the property is a paddy land, as the report itself shows that the land has been lying fallow for the last 15 years.

2. Going by the provisions of the Kerala Conservation of Paddy Land and Wetland Act , 2008, “paddy land” is defined as all types of land situated in the State where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied constructions like bunds, drainage channels, ponds and canals. As per Sec.5(4), the Local Leval Monitoring Committee have the power to prepare the data bank with the details of the cultivable paddy land and wetland, within the area of jurisdiction of the Committee, with the help of the map prepared or to be prepared by the State Land Use Board or CentreState Science and Technology Institutions on the basis of satellite pictures by incorporating the survey numbers and extent in the data-bank and get it notified by the concerned Panchayat/Municipality/Corporation, in such manner. A reading of the above would show that what is to be included in a data bank are the details of the cultivable paddy land and wetland. Of course, taking note of the definition of paddy land as mentioned above, such an exercise to find out whether a property is a paddy land or whether it is cultivable or non-cultivable has to be ascertained taking into account the natural features of the land whether it is fit for cultivation or not. The most relevant aspect therefore is to find whether the land is fit for paddy cultivation.

3. Under such circumstances, the impugned order cannot be sustained. Accordingly, Ext.P3 is quashed. There will be a direction to the 1^st respondent-Revenue Divisional Officer/authorised officer to reconsider the application under Form 5 and pass fresh orders within three months from the date of receipt of a copy of the judgment.

The writ petition is allowed as above."

5. Thereafter, the present order is passed. It will be better to extract the relevant portion of Ext.P11 also.