DEEPTHI JULIAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner challenges Ext.P6, an order passed on an application filed under Form 5 of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008. A reading of Ext.P6 shows that it is a non speaking order and there is no consideration of any relevant material.

(2.) Going by the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008, 'paddy land' is defined as 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. As per Sec.5(4), the Local Leval Monitoring Committee have the power to prepare the data bank with the details of the cultivable paddy land and wetland, within the area of jurisdiction of the Committee, with the help of the map prepared or to be prepared by the State Land Use Board or Centre-State Science and Technology Institutions on the basis of satellite pictures by incorporating the survey numbers and extent in the data-bank and get it notified by the concerned Panchayat/ Municipality/ Corporation, in such manner. A reading of the above would show that what is to be included in a data bank are the details of the cultivable paddy land and wetland. Of course, taking note of the definition of paddy land as mentioned above, such an exercise to find out whether a property is a paddy land or whether it is cultivable or non-cultivable has to be ascertained taking into account the natural features of the land whether it is fit for cultivation or not. The most relevant aspect therefore is to find whether the land is fit for paddy cultivation.

(3.) There is no finding at all in the impugned order that holds whether the land in question is fit for paddy cultivation or not. In view of the above, I have no hesitation to quash Ext.P6 and direct the 3rd respondent Revenue Divisional Officer or the officer authorised under Sec. 2(XVA) of the Act to reconsider the Form 5 application submitted by the petitioner strictly in terms of the Act and the Rules and in the light of the observations made above. The petitioner shall also make available a copy of the KSREC Report before the 3rd respondent/authorised officer. A decision shall be taken by the 3rd respondent/authorised officer within three months from the date of receipt of the KSREC report from the petitioner.