Failure to comply with statutory requirements regarding land assessment leads to quashing of previous order.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“i. To issue a Writ of certiorari or any other appropriate writ, order, or direction, quashing Ext P4 Order as unjust and illegal;

ii. To issue a Writ of certiorari or any other appropriate writ or, order or direction, quashing Exhibit P2 to the extent to which, the land of the petitioner is included as paddy land in the Data Bank;

iii. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 7th respondent to issue new KSREC Report with respect to survey No. 96/5, within a time frame fixed by this Hon’ble court.

iv. To declare the land in question does not fall under the purview of a paddy land or wet land defined in the Act and therefore liable to be removed from the Data Bank Register; v. To issue a writ of mandamus or any other appropriate writ, order, or direction, commanding the 3rd /4th respondent to pass fresh orders removing the entries regarding the petitioner’s property from the Data Bank Register.

vi. Pass any other orders or directions that this Hon’ble Court may deem fit and proper in the interest of Justice.

vii. Dispense with the translation of the documents produced in the vernacular language.

viii. Award cost.” [SIC]

2. The petitioner is aggrieved by Ext.P4 order passed by the 3^rd respondent rejecting Ext.P3 Form–5 application submitted by the petitioner 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 petitioner.

3. Heard, the learned counsel for the petitioner 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 based on the report of the Agricultural Officer. Even though, KSREC report is available, the same is not properly considered by the authorised officer. 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 ], 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 can be set aside.

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

1. Ext.P4 order is set aside.

2. The 3^rd respondent / authorised o directed to reconsider Ext.P3 Form–5 application submitted by the petitioner, 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 petitioner, 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 b