Court required adherence to statutory procedures and mandated fresh evaluation regarding land suitability under conservation laws.

JUDGMENT

The challenge in this writ petition is against the order at Ext.P6, issued by the Revenue Divisional Officer (RDO), rejecting an application (Ext.P4) in Form 5 of the Kerala Conservation of Paddy Land and Wetland Rules , 2008, filed by the petitioner herein, as against an extent of 3.23 Ares in Survey No.253/5 of Kappur Village.

2. I have heard Sri.Samsudin Panolan, learned counsel for the petitioner, Sri.K.Sujai Sathian, learned Standing Counsel for the 4^th respondent Panchayat, and Smt.S.L.Sylaja, learned Government Pleader.

3. The petitioner has pointed out that the afore property has been constructed sufficiently earlier to the Kerala Conservation of Paddy Land and Wetland Act, 2008, and therefore, the same required to be removed from the data bank. In an earlier round of litigation by Ext.P5 judgment dated 10.11.2022, this Court had directed the Form 5 application to be disposed of. A perusal of the order at Ext.P6 dated 10.11.2022, would show that the afore order has been issued without obtaining a report from the Kerala State Remote Sensing and Environment Centre (KSREC). Insofar as the afore order has been issued without obtaining the report of the KSREC as well as without entering into any findings as to the suitability of the land for agricultural purposes/ paddy cultivation, I am of the opinion that the order at Ext.P6 requires to be set aside, directing a fresh consideration.

In such circumstances, Ext.P6 is set aside, directing the RDO/authorised officer to pass fresh orders on the Form 5 application filed by the petitioner after obtaining a report from the KSREC within a period of four months from today. The fee required in that regard is to be satisfied by the petitioner. The RDO/authorised officer is also entitled to carry out a physical inspection of the property, while passing orders as above. It is further directed that the RDO/authorised officer to take note of the principles laid down by this Court in Satheeshsankarannamboothiri (Dr.) v. State of Kerala [ 2025 (4) KHC 281 ].

Sd/-

HARISANKAR V. MENON JUDGE Skk//10.03.2026 APPENDIX OF WP(C) NO.1452 OF 2023 PETITIONER’S EXHIBITS: