The competent authority must assess land suitability for paddy cultivation when considering exclusion under conservation laws.

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of certiorari calling for the records leading to Ext P2 order and quash the same to the extent it has not dealt with 24.30 Ares out of the total extent of 26.30 Ares sought to be removed from the data bank.

ii. Issue a writ of mandamus or any other writ, order or direction directing the 2nd respondent to reconsider Form 5 application and pass orders afresh with regard to an extent of 24.30 Ares which was not considered while passing Ext. P2 order after obtaining a report from the 6th respondent, KSREC with regard to the nature of the property as on 2008.

iii. To issue a writ of mandamus directing the 6th respondent to file a report before the 2nd and 5th respondent with regard to nature and lie of the petitioner’s property in 2008.

iv. To dispense with the filing of translation of vernacular documents.

v. To issue such other writ, order or direction as this Honourable Court may deem fit and proper in the circumstances of the case.

(SIC)

2. The petitioner is aggrieved by the order passed by the 2^nd respondent rejecting the Form–5 application submitted by him 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 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.

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

1. Ext.P2 order is set aside.

2. The 2^nd respondent/authorised o directed to reconsider 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 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 be considered and disposed of within two months from the date of production of a copy of this judgment by the petitioner.

4. If the Authorised Officer is either dismissing or all