The authorized officer must independently assess land suitability under statutory requirements before decision-making.

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" i. Issue writ of certiorari calling for the records Ext.P4 and quash the same."

[SIC]

2. Petitioners filed two Form - 5 applications to delete his property from the data bank. The same is rejected as per Ext.P5 and P4 respectively. The petitioners are aggrieved by the order passed by the 1^st respondent rejecting the 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 petitioner 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. There is no indication in the order that the authorized 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 Officer, Palakkad [ 2023 (2) KLT 386 ], and Joy 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.

6. Moreover, a perusal of Ext.P4 would only show that except extracting some of the sections of the Act 2008, there is no independent assessment by the Authorised Officer.

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

1. Exts.P5 & P4 orders are set aside.

2. The 1^st respondent/authorised o 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 the judgment dated 05.11.2025 in Vinumon v. District Collector [ 2025 (6) KLT 275 ], shall be passed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SSG

27.09.2014 OF THE SRO, PERAMBRA Exhibit P2 A TRUE COPY OF T