The authorized officer must conduct a proper evaluation of land characteristics for regulations under the Kerala Conservation of Paddy Land and Wetland Rules.

JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of certiorari quashing Ext. P4 as unjust, illegal and arbitrary;

ii. To declare that the nature of the property described in Ext.P3 application is not a paddy/wetland under the Kerala Conservation of Paddy Land and Wetland Act , 2008 and that the petitioner is entitled to convert the properties having an extent of 3 Ares 24 sq.m. in Re. Sy. no. 94/14-1 situated in Anakkara Village, Pattambi Taluk in Palakkad district.

iii. To declare that the report of the Agricultural Officer, Anakkara dated 24.02.2024 as unjust, illegal and arbitrary;

iv. To issue a writ of mandamus directing the 2nd respondent to reconsider the Form 5 application of the petitioner by recalling Exhibit P4 order and after hearing the petitioner afresh;

v. To issue such other orders, directions or writs as may be prayed for under the facts and circumstances of the case;

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

(SIC)

2. The petitioner is aggrieved by the order passed by the

2^nd respondent rejecting the Form–5 application submitted by her 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 inMuraleedharan 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.P4 order is set aside.

2. The 2^nd respondent/authorised o directed to reconsider Ext.P3 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 allowing the petition, a speaking order, as directed by this Court in the ju