The court reaffirmed the need for practical assessment criteria based on direct evidence when determining suitability for land classification under the conservation act.

JUDGMENT

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

"i. call for records leading to Ext.P16 and issue a writ in the nature of certiorari quashing Ext.P16.

ii. Issue a writ in the nature of mandamus commanding the respondents to exclude petitioner’s property from data bank prepared under Sec. 5(4) of Kerala Conservation of Paddy and Wetland Act , within such time as may be fixed by this Hon’ble Court.

iii. award cost of this proceedings to the petitioner. "

[SIC]

2. Petitioner is an advocate practising in this Court, and his submission is that he is approaching this Court for the 6^th time for getting 7.69 Ares of land (19 cents) situated in Guruvayur village, abutting the National Highway and situated in the commercial area as per the town planning notification to be removed from the data bank prepared under Sec. 5(4) of Kerala Conservation of Paddy and Wetland Act , 2008 (for short, Act 2008).

3. Petitioner along with his two brothers are the owners of 7.69 ares of land in Sy. No. 209/3C-1 of Guruvayur village in Chavakkad Taluk. The aforesaid property is situated near the Municipal bus stand, Chavakkad. Ext.P5 is the basic tax receipt issued by the Village Officer, Guruvayur. According to the petitioner, the aforesaid property is included as commercial zone as per the master plan of Chavakkad Municipality and Ext.P6 is the master plan of Chavakkad Town Proposed Land Use Map – 2031. On the western side of the petitioner’s property is the Chavakkad bypass. On the southern and northern boundaries of the petitioner’s property are garden lands where buildings are in existence, is the submission. On the eastern side of the petitioner’s property is the land, which is a barren land. It is submitted that, in the draft data bank prepared by the Local Level Monitoring Committee petitioner’s land situated in Sy. No. 209/3C- 1 is mentioned as converted land 15 years back from the date of commencement of the Kerala Conservation of Paddy and Wetland Act . Ext.P7 is the relevant pages of the draft data bank issued by the Agricultural Officer, Chavakkad, showing inclusion of the petitioner’s property. Therefore, it is submitted that the petitioner’s land is not paddy land on the date of commencement of the Act, 2008.

4. Since the petitioner’s property was included in the draft data bank, though as a converted land 15 years back, the petitioner filed an application for removing petitioner’s property from the data bank. The Local Level Monitoring Committee had conducted a site inspection of the property, as evident by Ext.P8 inspection report of the Agricultural field Officer, Krishi Bhavan, Chavakkad. It is submitted that, in Ext.P8, it was mentioned that on the western side of the petitioner’s property is the bypass road and on the other sides are reclaimed lands. On the eastern side lies land containing 15-year-old coconut trees and a ‘thodu’. Without any legal basis, in Ext.P8, the land was recommended to be included as wetland, is the submission. Since the petitioner’s land was included as wetland in the data bank, the petitioner had filed an application for removing the petitioner’s land from the data bank, as evident by Ext.P9. Ext.P9 application was not considered, and the petitioner had approached this Court by filing WP(C). No. 30902 of 2016, and this Court, as per the judgement has directed the 2^nd respondent to pass orders on Ext.P9. Thereafter, Ext.P9 was considered by the 2^nd respondent and in the meeting dated 12.06.2019 of the Local Level Monitoring Committee, it was observed that the land is lying as not reclaimed paddy land, and hence the land is to be retained as paddy land. Ext.P10 is the decision of the Local Level monitoring Committee. Challenging Ext.P10, the