BY AD v. SUBHASH CYRIAC

The said writ petition was disposed of by Ext.P2 judgment with the following directions; “4. Accordingly, it is ordered that the 2nd respondent-Agricultural Officer will ensure that the petitioner is permitted to pay the prescribed fee for W.P.(C)No.40255 of 2023 3 obtaining satellite pictures and expert report of the Kerala State Remote Sensing and Environment Centre (KSREC), Thiruvananthapuram, and then should sent the requisition to the said expert body for obtaining satellite pictures and expert opinion regarding the subject property as to whether the property would fulfill the definition of paddy land as per Section 2(xii) of the Kerala Conservation of Paddy Land and Wetland Act, 2008, as on 12.08.2008 (the date of coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008). This process should be duly completed by the 2nd respondent- Agricultural Officer within two months from the date of receipt of a certified copy of this judgment. While forwarding the requisition a copy of this judgment should also be forwarded by the 2nd respondent-Agricultural Officer to the Director of the KSREC. After receipt of the requisition the KSREC will ensure that satellite pictures and expert opinion in the matter are obtained in respect of the subject property, within two months from the date of receipt of the requisition. Thereafter the 2 nd respondent will ensure that copy of the satellite pictures as well as the expert report of the KSREC is given to the petitioner in advance and thereafter, the 2nd respondent will conduct an inspection with due prior notice to the petitioner, and should give a comprehensive report to the 1st respondent-Revenue Divisional Officer as to the nature W.P.(C)No.40255 of 2023 4 and lie of the property and also as to whether the property would fulfill the definition of paddy land as per Section 2(xii) of the Kerala Conservation of Paddy Land Act, 2008, as on 12.08.2008, and should also deal with the satellite pictures and expert report given by the KSREC. The process of inspection report and submission of inspection report to the 1st respondent-Revenue Divisional Officer shall be duly completed by the 2nd respondent-Agricultural Officer, within one month from the date of receipt of the expert report and satellite pictures from the KSREC. It shall be ensured by the 2 nd respondent-Agricultural Officer that a copy of the said inspection report is also given to the petitioner in advance and Ext.P-1 as well as the inspection report of the KSREC and the satellite pictures should be duly forwarded by the 2nd respondent-Agricultural Officer to the 1st respondent Revenue Divisional Officer.

5. After receipt of the above said documents from the 2nd respondent-Agricultural Officer, the 1st respondent- Revenue Divisional Officer will, thereafter afford reasonable opportunity of being heard to the petitioner through his authorised representative/counsel, if any, and after considering various aspects of the matter, more particularly the inspection report as well as the expert opinion and satellite pictures furnished by the KSREC, should pass orders on Ext.P-1 application on the plea W.P.(C)No.40255 of 2023 5 made by the petitioner for exclusion of the subject property from the land data bank, without much delay, preferably within a period of one month from the date of the receipt of the papers from the 2nd respondent- Agricultural Officer, as afore directed.” The impugned Ext.P3 order was passed by the 2ndrespondent in purported compliance of the aforementioned direction.

3. Learned Counsel for the petitioner submitted that Ext.P3 is not passed in terms of this Court's directions and no reference is even made to Ext.P2 judgment in the impugned order.

4. Having gone through the impugned order, I find substantial force in the above submission. On the previous occasion, this Court had specifically laid down the procedure to be followed by the second respondent. It is clear from the impugned order that no such procedure is followed. In such circumstances, this Court is left with no alternative than to set aside Ext.P3 and direct the second respondent to consider the petitioner's application afresh, strictly in terms of the directions contained in Ext.P2 judgment. In the result, the writ petition is allowed, Ext.P3 order is set aside and the second respondent is directed to pass fresh orders on the petitioner's application/representation in strict compliance with the directions contained in Ext.P2 judgment. The said exercise shall W.P.(C)No.40255 of 2023 6 be completed within two months of receipt of a copy of this judgment. Sd/- V.G.ARUN JUDGE W.P.(C)No.40255 of 2023 7 APPENDIX OF WP(C) 40255/2023 PETITIONER EXHIBITS Exhibit P1 . A TRUE COPY OF THE APPLICATION DATED 27-02-2020 ALONG WITH DOCUMENTS SUBMITTED TO THE 1ST RESPONDENT. Exhibit P2 A TRUE COPY OF THE JUDGMENT IN WP( C) NO. 13695/2020 OF THIS HON'BLE COURT. Exhibit P3 A TRUE COPY OF THE ORDER DATED 14-11-2023 OF THE 2ND RESPONDENT