VANDANA NAIK Vs. REVENUE DIVISIONAL OFFICER, KANHANGAD

JUDGEMENT

(1.) The writ petition is filed to direct the respondent to consider Ext.P2 application (Form 6) submitted under Sec. 27A read with Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules framed thereunder (in short 'Act and Rules ') .

(2.) The petitioner is the owner in possession of 74.10 cents (29.99 Ares) of land in Hosdurg Village, Kasargod District. The petitioner 's property is a converted land prior to 12/8/2008. The petitioner with two others have constructed a hotel complex in the said property, as evident from Ext.P5 occupancy certificate. However, the revenue authorities have erroneously classified the land as paddy land and had included it in the data bank. Consequently, the petitioner had filed a Form 5 application under Rule 4(d) of the Rules and the same was allowed. Subsequently, the petitioner filed Ext.P2 application to change the nature of the land in the revenue records. But, by Ext.P3 order, the respondent returned the application, directing the petitioner to remit the requisite fee to call for a report from the Kerala State Remote Sensing and Environment Centre (in short 'KSREC '). The procedure directed in Ext.P3 order is not envisaged under the Act and Rules. Ext.P3 order is illegal and arbitrary.

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