An authorised officer must conduct an independent assessment of the land's nature as on 12.08.2008, considering all available evidence, including satellite reports, and provide a speaking order before rejecting an application for exclusion from the data bank.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“ i. Issue a writ of certiorari or any other appropriate writ, order, or direction, quashing the Exhibit P8 order dated 04/07/2025 (File No. 954/2025) issued by the 1^st respondent Sub Collector, Kozhikode, rejecting the petitioner’s Exhibit P7 Form 5 application.

ii. Issue a writ of mandamus or any other appropriate writ, order, or direction, directing Respondent No. 1 to reconsider Exhibit P7, the petitioner’s Form 5 application (Application No. 7/2023/18788), afresh, after affording the petitioner a fair and reasonable opportunity of being heard and after due consideration of Exhibit P1, Exhibit P3 (photographs), Exhibit P4 (certificate issued by the then Village Officer of Thiruvambadi), and all relevant observations and material facts contained in Exhibit P9 (KSREC report)

iii. Pass such other order or direction as this Hon’ble Court may deem fit and proper in the interests of justice.”[SIC]

2. The petitioner is aggrieved by the order passed by the 1^st respondent rejecting the Form–5 application submitted by the petitioner 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 based on the report of the Agricultural Officer. Eventhough KSREC report is available, the same is not properly considered by the authorised officer. 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. The Government Pleader submitted that the impugned order is passed after conducting an inspection. But, a perusal of the impugned order would show that the inspection is conducted from the office of the authorised officer and not by the authorised officer himself.

6. This Court in Muraleedharan Nair R v.

Revenue Divisional Officer [2023 (4) KHC 524], Sudheesh U v. The Revenue Divisional O 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.P8 order is set aside.

2. The 1^st respondent/authorised o directed to reconsider Ext.P7 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