2025:KER:22863 WP(C) NO. 10776 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 WP(C) NO. 10776 OF 2025 PETITIONER: SUHAIB V., AGED 33 YEARS S/O. ABOOBACJER, ARAKKAL, EDAKKAZHIYOOR POST, THRISSUR DISTRICT, PIN - 680515 BY ADVS. E.C.AHAMED FAZIL M.P.SHAMEEM AHAMED RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001 2 THE REVENUE DIVISIONAL OFFICER / SUB COLLECTOR, KOZHIKODE, CIVIL STATION, WAYANAD ROAD, KOZHIOKDE, PIN - 673020 3 SENIOR CHEMIST, REGIONAL SOIL ANALYTICAL LABORATORY, CIVIL STATION, KOZHIKODE, PIN - 673020 2025:KER:22863 WP(C) NO. 10776 OF 2025 2 4 THE AGRICULTURAL OFFICER, CHERUVANNUR KRISHI BHAVAN, CHERUVANNUR POST, KOZHIKODE DISTRICT, PIN - 673655 5 THE VILLAGE OFFICER, CHERUVANNUR VILLAGE OFFICE, CHERUVANNUR POST, KOZHIKODE DISTRICT, PIN – 673655 BY ADV DEEPA V., GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:22863 WP(C) NO. 10776 OF 2025 3 JUDGMENT The petitioner is the owner in possession of a property having an extent of 6 Ares 37.1 Square Meters of land comprised in Survey No.75/57 of Cheruvannur Village, Kozhikode Taluk. The grievance of the petitioner is that, even though the property is reclaimed much before the enactment of Kerala Conservation of Paddy Land and Wetland Act, 2008, the same included as paddy land in the Data Bank prepared under the said Act. Therefore, the petitioner submitted Ext.P3 application in Form 5, for removing the said property from the Data Bank. Apart from the above, the petitioner also places reliance upon Ext.P4, which is a final analytical result of soil sample from the property of the petitioner, which according to the petitioner, would indicate that the property is not fit for paddy cultivation. The relief sought by the petitioner is direct the 2nd respondent or the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and to consider Ext.P3 application in the light of Ext.P4 2025:KER:22863 WP(C) NO. 10776 OF 2025 4 analytical result of the soil. 2. I have heard Sri. Ahamed Fazil E.C., learned Counsel for the petitioner and Smt.Deepa v., learned Government Pleader for the Sate. 3. As far as the relief sought by the petitioner to direct the 2nd respondent to consider Form 5 application in the light of Ext.P4 soil test report is concerned, I am of the view that, the same cannot granted. This is in view of the fact that, soil test was apparently conducted recently and the relevant criteria for considering the nature of land is the position of the land as on the date of enactment of Kerala Conservation of Paddy Land and Wetland Act, 2008, which is more than 18 years ago. Therefore, the soil test conducted now, cannot be a proper reflection of the status/nature of the property at the relevant time. Therefore, under no circumstances Ext.P4 report could be treated as relevant or a safe material, to rely upon the nature of the property. In such circumstances, I am not inclined to accept the said contention 2025:KER:22863 WP(C) NO. 10776 OF 2025 5 and to grant the said relief sought. However, it is seen from the records that, the petitioner has submitted Ext.P3 application as early as on 04.03.2023 and yet orders are not passed on the same. Therefore, this writ petition is disposed of directing the 5th respondent to submit a report before the 2nd respondent or the authorized officer, within a period of one month and thereupon the orders shall be passed by the 2nd respondent within one month. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:22863 WP(C) NO. 10776 OF 2025 6 APPENDIX OF WP(C) 10776/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC LAND TAX RECEIPT DATED 24.05.2024 ISSUE BY VILLAGE OFFICER, CHERUVANNUR Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF DATA BANK CHERUVANNUR VILLAGE DATED NIL Exhibit P3 TRUE COPY OF THE APPLICATION 04.03.2023 IN FORM 5 SUBMITTED BY PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER / SUB COLLECTOR, KOZHIKODE Exhibit P4 TRUE COPY OF THE REPORT OF THE SENIOR CHEMIST, REGIONAL SOIL ANALYTICAL LABORATORY, CIVIL STATION, KOZHIKODE DATED NIL Exhibit P5 TRUE COPY OF THE APPLICATION DATED 15.02.2025 ALONG WITH POSTAL RECEIPT