A Form-6 application under the Kerala Conservation of Paddy Land and Wetland Rules cannot be rejected solely based on water logging; legal parameters regarding water flow must be considered.

JUDGMENT

The above writ petition is filed with following prayers : a) Issue a writ of Certiorari or any other appropriate writ or order quashing Exhibit P4 and Exhibit P6 orders.

b) To direct the 2nd respondent to reconsider the Exhibit P2 application and to allow it.

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

d) To issue such other writ order or directions which are deemed fit and proper for the interest of justice.” [sic]

2. The petitioner filed a Form-6 application in accordance with Kerala Conservation of Paddy Land and Wetland Rules , 2008. The same is rejected. An appeal is filed. The same is also rejected. Aggrieved by the same, this writ petition is filed.

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

4. This Court perused the impugned orders.

Ext.P4 is the order passed by the authorised officer. A perusal of Ext.P4 would show that the Form-6 application is rejected mainly for the reason that the property is water logged and it contains bushes. No other finding is there in Ext.P4. The same is the reason for rejecting the appeal as evident by Ext.P6. The manner in which a Form-6 application is to be considered is dealt in detail by this Court in George Varghese v. District Collector [ 2023 (7) KHC 93 ]. The relevant portion of the above judgment is extracted hereunder :

4. “Admittedly, the property has been removed from the data bank as is evident from Ext.P5. A perusal of Ext.P5 order would reveal that the same has been done on the recommendation of the LLMC and also relying on the KSRSEC report which specifically mentioned that in the 2008 data the property has mixed vegetation / plantation and further on a finding that the property of the petitioner will not come within the definition of paddy land / wetland as per the provisions of the Act 2008. What has now been considered by Ext.P10 order is the Form 6 application submitted under R.12(1) of the Kerala Conservation of Paddy Land and Wetland Rules , 2008 (hereinafter referred to as "R.2008"). S.27A deals with the change of nature of unnotified land. Sub-clauses 1 to 4 of S.27A read 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 judgement, 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 be 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 un - notified land shall not adversely affect the cultivation of paddy or any other crops, if any, in the adjoining land and shall