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2026 DAILYLAW 433 (KER)

Thomas k. George s/o K. A. George v. State of Kerala, Represented By The Secretary To Government

2026-03-09

P V Kunhikrishnan

body2026
JUDGMENT : P.V. KUNHIKRISHNAN, J. 1. The above writ petition is filed with following prayers : a) “Issue a writ of certiorari or any other writ, direction or order calling for the records leading to Exhibit P2 and to quash the same to the extent it refused to remove 01.63 Ares of land in Re-survey 548/1 from the data bank. b) Issue a declaration that bunds, drainage channels, ponds and canals can be treated as paddy lands only when they are allied constructions of a land suitable for paddy cultivation and hence land having an extent of 01.63 Ares in Re-survey 548/1, is liable to be removed from the data bank. c) Dispense the petitioner from producing English translation of the vernacular documents marked in the writ petition. d) Issue such other writ, order or direction as this Hon’ble Court deems fit and proper to grant in the facts and circumstances of the case .” [sic] 2. The petitioner submitted an application in Form-5 in relation to 47.50 ares in Re-survey 548/1-2, 34.90 ares in 548/1, 40.47 ares in 563/5-12 in block No.9 of Kakkanad Village in Kanayannoor Taluk. The petitioner filed a writ petition after filing the Form-5 application and there was a direction by this Court to consider the same within a time frame. Ext.P1 is the Form-5 application. But, the same was allowed only in part as per Ext.P2. As per Ext.P2, a pond situated in survey No. 548/1, which is mentioned in the body of the order as 25 sq.metres and a water channel (neerchal), which is 1.38 ares are retained in the Data Bank, after removing the other properties. Aggrieved by that part of Ext.P2, this writ petition is filed. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. 4. The counsel for the petitioner relied the definition of 'paddy land' , which is Sec.2(xii) of the Kerala Conservation of Paddy Land and Wetland Act , 2008 (for short 'Act, 2008'). The same is extracted hereunder : 2.xii) “'paddy land' means 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.” 5. The same is extracted hereunder : 2.xii) “'paddy land' means 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.” 5. As per Sec.2(xii) of the Act, 2008, 'paddy land' means 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. Here in this case, admittedly, the entire property except the property in which the pond and the water channel are situated, is excluded from the data bank. That itself shows that the authorised officer found that there is no paddy land in the remaining property. If that is the case, the pond and the water channel may not come within the definition of 'paddy land'. I think the matter is to be reconsidered in the light of the definition clause in the Act, 2008. If the pond and the water channel is not an allied construction of a paddy land, it will not come within the definition of 'paddy land'. Therefore, this writ petition is disposed of with the following directions : 1) Ext.P2 is set aside to the extent it retains the pond and the water channel situated in survey No. 548/1 in the data bank. 2) The authorised officer is directed to reconsider the same, in the light of Sec.2(xii) of the Act, 2008 as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment.