The court determined that statutory compliance is essential for decisions on land suitability under conservation rules, mandating independent assessments.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“i) Call for the records pertaining to Ext.P3 and quash the same by issuing a writ of certiorari.

ii) Direct the 2nd respondent to reconsider the Petitioner Ext.P2 Form 5 application and remove the entry of petitioner’s property from data Bank by considering the KSREC Report within a time frame fixed by this Hon’ble court. iii) dispense with filing of the translation of documents in Malayalam produced in the above writ petition.

iv) pass such other writs, orders or directions as this Hon'ble Court may deems just, fit and necessary in the facts and circumstances of this case.

And v) Allow the writ petition writ petition with cost.” [SIC]

2. The petitioner is aggrieved by Ext.P3 order passed by the 1^st respondent rejecting Ext.P2 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 solely based on the report of the Agricultural Officer. There is no indication in the order that the authorised 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 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 is to be set aside.

6. The learned Government Pleader takes me through the last sentence in the second paragraph of Ext.P3 order. It is true that, in the order it is stated that the property is surrounded by the paddy fields. But, I am of the considered opinion that, when a Form-5 application is disposed, the authorised officer has to follow the principle laid down by this Court in Vinumon v. District Collector [2025 (6) KLT 275] . Therefore, for that reason itself, Ext.P3 is to be set aside.

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

1. Ext. P3 order is set aside.

2. The 1^st respondent / authorised o to reconsider Ext.P2 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 applications shall be considered and disposed of within two months from the date of production of a c