The inquiry under Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act must focus solely on impacts to neighbouring paddy lands, disregarding irrelevant criteria for application rejections.

JUDGMENT

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

" a) To issue a Writ of certiorari calling for the records leading to Ext.P-5 Order and quash the same.

b) Issue a Writ of mandamus or any other appropriate Writ or order or direction commanding the 2^nd Respondent to reconsider the Ext.P-4 application and pass orders permitting the petitioner to utilize his property with an extend of 11.33 Ares in Survey No.560/13-1 at Vallikunnu Village, for residential purpose.

c) To dispense with the filing of translation of vernacular documents.

d) To pass such other appropriate orders or directions as this Hon’ble Court deem fit and proper in the interest of justice and ends of justice."

[SIC]

2. Petitioner filed a Form - 6 application in accordance with the Kerala Conservation of Paddy Land and Wet Land Act , 2008 (hereinafter referred to as ' the Act, 2008'). The same was rejected by the Authorised Officer, and the petitioner challenged the same by filing an appeal. The appeal is also dismissed, as evident by Ext.P10. Aggrieved by the same, this writ petition is filed.

3. Heard counsel for the petitioner and the Government Pleader.

4. The counsel for the petitioner submitted that Section 13 proceedings in accordance with the Act 2008 were initiated against the property, and the same was set aside by the Government as per Ext.P10. The counsel also submitted that the impugned order is unsustainable in the light of the principles laid down by this Court in Shinila P.C. v. State of Kerala [2025 (2) KHC 273] and George Varghese V. District Collector [2023 (7) KHC 93] .

5. After hearing both sides, I think there is some force in the argument of the petitioner. The Government Pleader submitted that a counter-affidavit has been filed. But the principles laid down by this Court in Shinila's case (supra) and George Varghese's Case (supra) are not considered. It will be better to extract the relevant portion of the Shinila's Case

“10. As far as the scope of consideration of an application in Form 6, which is submitted under S.27A of the Act is concerned, the matters to be looked into are specifically mentioned under the said provision, which do not include the nature of the property, in the manner as required for considering an application in Form 5. S.27A reads as follows:

"27A. Change of nature of unnotified land. - (1) If any owner of an unnotified land desires to utilise such land for residential or commercial or for other purpose, he shall apply to the Revenue Divisional Officer for permission in such manner as may be prescribed.

(2) Notwithstanding anything contained in any judgment, decree or order of any Court or Tribunal or any other authority, the Revenue Divisional Officer may, after considering the reports of the Village Officer concerned, pass such orders as deemed fit and proper on such applications, ensuring that there is no disruption to the free flow of water to the neighbouring paddy lands, if any, through such water conservancy measures as is deemed necessary: Provided that, if the area of such parcel of land where the application is allowed is more than 20.2 Ares, ten per cent of such land shall be set apart for water conservancy measures.

(3) If the application is allowed, the applicant shall be liable to pay a fee at such rate as may prescribed: Provided that, no such fee shall be collected if the applicant proves that the land where the application is allowed is, filled up or naturally filled up before the 4th day of July, 1967, the date of commencement of the Kerala Land Utilisation Order, 1967, after completing such procedure, as may be prescribed.

(4) If the application is allowed, the Revenue Divisional Officer shall ensure that the reclamation of the unnotified land shall not adversely affect the cultivation of paddy or any other crops, if any, in the adjoining land and shall specify such water conservancy measures as is necessary to ensure such cultivation: Provided that in specifying such water conservancy mea