1 W.P.(C) No.25889 of 2023 2025:KER:29971 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 25889 OF 2023 PETITIONER: VIJAYAKUMAR DAS, AGED 56 YEARS, S/O.VELAYUDHAN, ‘SREENILAYAM’, PARLI, EDAKKARA, MALAPPURAM DISTRICT, PIN - 679331 BY ADV. SRI.U.K.DEVIDAS RESPONDENTS: 1 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, UP HILL, MALAPPURAM, PIN - 676505 2 REVENUE DIVISIONAL OFFICER, PERINTHALMANNA TALUK, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322 3 TAHSILDAR, NILAMBUR TALUK OFFICE, NILAMBUR, MALAPPURAM DISTRICT, PIN - 679322 4 VILLAGE OFFICER, EDAKKARA VILLAGE OFFICE, EDAKKARA, MALAPPURAM DISTRICT, PIN - 679331 5 AGRICULTURAL OFFICER, AGRICULTURE OFFICE, EDAKKARA, MALAPPURAM DISTRICT, PIN - 679331 BY ADV. SRI.E.G.GORDEN, SR.GP. 2 W.P.(C) No.25889 of 2023 2025:KER:29971 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) No.25889 of 2023 2025:KER:29971 JUDGMENT The petitioner has filed an application in Form 6 of the Kerala Conservation of Paddy Land and Wetland Act, 2008, seeking conversion of the property before the Revenue Divisional Officer (RDO) – the 2nd respondent herein. Pursuant to Ext.P7 order dated 05.10.2020, the application was rejected. Though an appeal is filed, the District Collector, pursuant to Ext.P10, has rejected the appeal also. It is in such circumstances that the captioned writ petition is filed by the petitioner. 2. Heard Sri.U.K.Devidas, the learned counsel for the petitioner and Sri.E.G.Gorden, the learned Senior Government Pleader. 3. This Court notices that the petitioner has categorically pointed out that the property in question is not included in the databank as certified in Ext.P2 certificate. It is further noticed that a building permit was also issued with respect to the property in question. However, in the impugned proceedings, there is no valid consideration with respect to the 4 W.P.(C) No.25889 of 2023 2025:KER:29971 afore noted aspects. The lie and nature of the surrounding properties are also not taken into account. This ought to have been specifically noticed and obtained, in view of the admitted fact that the property was admittedly not finding a place in the databank. This Court further notices that the wife of the petitioner had filed W.P.(C) No.26408 of 2023, seeking to challenge the rejection of the Form 6 application filed by her, with reference to nearby properties, as is clear from a perusal of the survey number of the properties in question. By a judgment dated 25.10.2024, a learned Single Judge of this Court, noticing the rival contentions, directed a fresh consideration of the application at the hands of the RDO. 4. I am of the opinion that the petitioner is also entitled for the similar treatment, going by the factual position noticed as above. 5. Resultantly, Ext.P7 issued by the RDO and Ext.P10 issued by the District Collector are set aside. There will be a direction to the RDO – the 2nd respondent herein to consider the Form 6 application filed by the petitioner afresh, within a period 5 W.P.(C) No.25889 of 2023 2025:KER:29971 of 12 weeks from today. 6. Needless to say that the petitioner would also be granted an opportunity for hearing as well as also for placing on record additional documents in support of his contentions. This writ petition is disposed of as above. Sd/- HARISANKAR V. MENON JUDGE anm 6 W.P.(C) No.25889 of 2023 2025:KER:29971 APPENDIX OF WP(C) 25889/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 23.04.2022 ISSUED BY THE VILLAGE FIELD ASSISTANT, EDAKKARA Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 14.03.2023 ISSUED BY THE FOURTH RESPONDENT Exhibit P3 TRUE COPY OF THE LOCATION SKETCH PREPARED BY THE VILLAGE OFFICER, EDAKKARA Exhibit P4 TRUE COPY OF THE BUILDING PERMIT DATED 22.01.2020 ISSUED BY THE SECRETARY, EDAKKARA GRAMA PANCHAYATH Exhibit P5 TRUE COPY OF CHALAN RECEIPT DATED 14.01.2020 ISSUED BY TREASURER, SUB TREASURY, EDAKKARA Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 24.01.2020 FROM THE SECOND RESPONDENT TO FOURTH RESPONDENT Exhibit P7 TRUE COPY OF THE ORDER DATED 5.10.2020 PASSED BY THE SECOND RESPONDENT Exhibit P8 TRUE COPY OF THE CHALAN RECEIPT DATED 27.10.2020 ISSUED BY TREASURER, SUB TREASURY, EDAKKARA Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 22.12.2020 IN W.P.(C) 28346 OF 2020 BY THIS HON’BLE COURT Exhibit P10 TRUE COPY OF THE ORDER DATED 16.02.2023 PASSED BY THE FIRST RESPONDENT Exhibit P11 TRUE COPY OF THE ORDER DATED 17.05.2022 PASSED BY THE SECOND RESPONDENT Exhibit P12 TRUE COPY OF THE ORDER DATED 21.07.2022 PASSED BY THE SECOND RESPONDENT Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 24.01.2022 IN W.P.(C) NO.2293 OF 2022 PASSED BY THIS HON'BLE COURT 7 W.P.(C) No.25889 of 2023 2025:KER:29971 Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 07.06.2022 IN W.P.(C) NO.9042 OF 2022 PASSED BY THIS HON'BLE COURT