ABDUL KADER Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioner is the owner in possession of 73.36 Ares of land comprised in Survey Nos. 376/2-4, 376/3-5, 376/5-5, 379/1-10 and 376/6-5 of Thavanur Village, Ponnani Taluk, covered under Ext. P1 land tax receipt. The respondents have erroneously classified the property as 'paddy land' and included it in Ext. P2 notified data bank maintained under the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules framed thereunder ('Act' and 'Rules", for brevity). To exclude the property from the data bank, the petitioner had submitted Ext.P3 application in Form 5 under Rule 4(4d) of the Rules. However, by Ext.P5 order, the first respondent has partly rejected Ext. P3 application by only excluding the property comprised in Survey No. 376/6-5 from the data bank. The remaining property comprised in Survey Nos. 376/2-4, 376/3-5, 376/5-5 and 379/1-10 were directed to be retained in the data bank. The first respondent has not directly inspected the property. Even though the first respondent had called for Ext. P4 report from the Kerala State Remote Sensing and Environment Centre ('KSREC report', for short), as specifically mandated under Rule 4(4f) of the Rules, he has not considered the same in its proper perspective. The partial rejection of Ext. P3 application is without due application of mind. Ext. P5 order, to the extent of partially rejecting the petitioner's application, is illegal and arbitrary. Hence, the writ petition.

(2.) In the statement filed by the second respondent, it is contended that, the Agricultural Officer has reported that the property is lying fallow since 2008. The property is suitable for paddy cultivation. It is in the said circumstances that the Agricultural Officer has recommended to retain 69.32 Ares of land in the data bank. Nevertheless, as there are large trees in the Survey No. 376/6-5, he has recommended the said property to be excluded from the data bank. There is no illegality in Ext. P5 order. Hence, the writ petition may be dismissed.

(3.) Heard; the learned counsel for the petitioner and the learned Senior Government Pleader.