The court allows the petitioner to challenge previous rejection orders separately concerning property classification.

JUDGMENT

The above writ petition is filed with following prayers :

1. “Issue a writ of Certiorari or any other appropriate writ, order or direction quashing Exhibit-P3 order dated 21.04.2025, passed by the 1st respondent, as the same has been issued mechanically and without considering the actual physical condition of the property.

2. Declare that the petitioner’s property covered under Exhibit-P1 is neither “paddy land” nor “wetland” within the meaning of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 , but is a barren residential plot situated in the midst of residential buildings, with no irrigation facilities and not fit for cultivation.

3. Issue a writ of Mandamus directing the 1st and 3rd respondents to reconsider the petitioner’s Form No.5 application after conducting a proper site inspection, taking into account the photographs of the property, the existence of the well, absence of irrigation, and the surrounding residential character of the area or after obtaining a mandatory report from the 5th respondent (KSRSEC) and after granting the petitioner an opportunity of hearing.

4. Direct the 2nd respondent to correct the Data Bank/revenue entries relating to the petitioner’s property, so as to record its true status as dry/residential land, in order to prevent further prejudice to the petitioner.

5. Direct the respondents to permit the petitioner to construct a residential building on the property covered under Exhibit-P1, subject to other statutory clearances, so that the petitioner and her family may enjoy the property for residential use” [sic]

2. The petitioner challenges Ext.P3 order by which Form-5 application is rejected. In Ext.P3, it is stated that the petitioner earlier filed a Form-5 application and the same is rejected. Therefore, the Form-5 application cannot be entertained for the second time. This Court directed the Government Pleader to produce that rejection order passed in the first Form-5 application. The Government Pleader as per order dated 13.01.2026 produced the first order (File No. 50/2024 dated 16.11.2024). If that is the case, the petitioner has to challenge Ext.P3 and the earlier order passed in the Form-5 application.

Granting liberty to the petitioner to challenge these orders separately, this writ petition is disposed of.

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