The definition of 'paddy land' under the Kerala Act requires reconsideration of whether a pond is an allied construction.

JUDGMENT

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

" (i) To issue a writ of certiorari or any other appropriate writ order or direction quashing Ext.P6 order so far as it denies the correction with respect of the land occupied by the pond;

(ii) Dispense with the translation of vernacular documents;

(iii) To issue such other further reliefs as this Honorable Court may deem fit and proper in the facts and circumstances of this case."

[SIC]

2. The petitioner is the owner in possession of 10.92 Ares of property in Survey No.949/3 of Kumbalangi Village, Palluruthi block, Kochi Taluk. It is the case of the petitioner that it is a man- made pond in the property occupying an area of 1.41 Ares. In order to delete this entire property from the Data Bank, the petitioner submitted Ext.P3 Form-5 application as per Rule 4D of the Kerala Conservation of Paddy Land & Wetland Act and Rules, 2008. This application was allowed by the 2^nd respondent vide Ext.P6 order, except for the area where the pond is situated. The petitioner relied on the judgment of this court in Thomas K.

George v. State of Kerala [2026 KHC 1669] and submitted that such an order will not stand. Hence, this writ petition.

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

4. It is an admitted fact that the Form-5 application is rejected to the extend where the pond is situated and the balance property is already deleted from the data bank. This Court in Thomas George's case (supra) considered a similar point. It will be better to extract the relevant portion:

“4. The counsel for the petitioner relied the definition of 'paddy land', which is S.2(xii) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short 'Act, 2008'). The same is extracted hereunder:

“2.xii) 'paddy land' means all types of land situated in the State where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied constructions like bunds, drainage channels, ponds and canals."

5. As per S.2(xii) of the Act, 2008, 'paddy land' means all types of land situated in the State where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied constructions like bunds, drainage channels, ponds and canals. Here in this case, admittedly, the entire property except the property in which the pond and the water channel are situated, is excluded from the data bank. That itself shows that the authorised officer found that there is no paddy land in the remaining property. If that is the case, the pond and the water channel may not come within the definition of 'paddy land'. I think the matter is to be reconsidered in the light of the definition clause in the Act, 2008. If the pond and the water channel is not an allied construction of a paddy land, it will not come within the definition of 'paddy land'.

Therefore, this writ petition is disposed of with the following directions:

1) Ext.P2 is set aside to the extent it retains the pond and the water channel situated in survey No. 548/1 in the data bank.

2) The authorised officer is directed to reconsider the same, in the light of S.2(xii) of the Act, 2008 as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment.”

5. That same principle is applicable in this case also.

Therefore, the Form 5 application was rejected to the extent that the property where the pond is situated is to be reconsidered by the Authorised Officer.

Therefore, this Writ Petition is disposed of with the following directions:

1. Ext.P6 is set aside