JUDGMENT : 1. The writ petition is filed to direct the respondent to consider Ext.P2 application (Form 6) submitted under Section 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 12.08.2008. 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. 4. It is not in dispute that, pursuant to Ext.P1 order, the petitioner's property was removed from the data bank. Subsequently, the petitioner had submitted Ext.P2 application, to change the nature of the land in the revenue records. However, the respondent has returned the application, directing him to pay the fee to obtain a report from the KSREC. 5. The procedure to change the nature of a property from the revenue records is envisaged under Section 27A read with Rule 12(1) of the Act and Rules. 6. It is apposite to refer to Sub-Sections (1) to (4) of Section 27A and Sub-rules (1) to (5) of Rule 12, which are relevant for this case and read as follows: (A) Section 27A Change of nature of unnotified land.-- (1) If any owner of an unnotified land desires to utilise such land for residential or commercial or for other purpose, he shall apply to the Revenue Divisional Officer for permission in such manner as may be prescribed. (2) Notwithstanding anything contained in any judgment, decree or order of any Court or Tribunal or any other authority, the Revenue Divisional Officer may, after considering the reports of the Village Officer concerned, pass such orders as deemed fit and proper on such applications, ensuring that there is no disruption to the free flow of water to the neighbouring paddy lands, if any, through such water conservancy measures as is deemed necessary: Provided that, if the area of such parcel of land where the application is allowed is more than 20.2 Ares, ten per cent of such land shall be set apart for water conservancy measures. (3) If the application is allowed, the applicant shall be liable to pay a fee at such rate as may prescribed: Provided that, no such fee shall be collected if the applicant proves that the land where the application is allowed is, filled up or naturally filled up before the 4th day of July, 1967, the date of commencement of the Kerala Land Utilisation Order, 1967, after completing such procedure, as may be prescribed. (4) If the application is allowed, the Revenue Divisional Officer shall ensure that the reclamation of the unnotified land shall not adversely affect the cultivation of paddy or any other crops, if any, in the adjoining land and shall specify such water conservancy measures as is necessary to ensure such cultivation: Provided that in specifying such water conservancy measures, the Revenue Divisional Officer may, if he deems fit, refer to satellite maps of the area maintained by Government agencies. (B) Rule 12. The procedure for permitting change in nature of unnotified lands as per Sub Section (2) of Section 27A. (1) In the case of an application for changing the nature of unnotified land having an extent upto 20.23 Are, the application shall be in Form-6 and that in respect of land having an extent above 20.23 Are shall be in Form-7. The procedure for permitting change in nature of unnotified lands as per Sub Section (2) of Section 27A. (1) In the case of an application for changing the nature of unnotified land having an extent upto 20.23 Are, the application shall be in Form-6 and that in respect of land having an extent above 20.23 Are shall be in Form-7. (2) Along with the application, sketch of such land, details regarding the plinth area of the building proposed to be constructed on said land shall be enclosed and wherein the extent of proposed land exceeds 20.23 Are, Ten percentage (10 %) of the proposed land kept aside as a part of water conservancy measures shall be marked in the sketch in blue colour and the rest of the land shall be marked in red colour clearly in the sketch and a detailed plan regarding the water conservancy measures proposed to be implemented on the said 10 % land shall be included therein. (3) Along with the said application either a demand draft of Rs.1000/- (Rupees Thousand only) in favour of said fund or proof of deposit of Rs.1000/- (Rupees Thousand only) via electronic transfer to the said fund shall be produced. (4) Revenue Divisional Officer shall forward the applications received as per Sub Rule (1) to Village Officer for report and Village Officer shall mark entry of the same in the Register maintained as per Form-8 and shall investigate upon the applications as per the order of priority and submit a report before Revenue Divisional Officer within fifteen days. (5) The report as per Sub Rule (4) shall specify the details whether such permission for change in the nature of land, hinders free water flow to adjacent paddy lands if any, and the accuracy of sketch submitted along with the application shall be examined and details regarding that shall be included. 7. The above provisions lay down the procedure to be followed by the Revenue Divisional Officer to consider Form 6 application. The above provisions obligates the Revenue Divisional Officer to consider the report of the Village Officer, and ensure that there is no disruption of the free flow of water to the neighboring paddy fields. 7. The above provisions lay down the procedure to be followed by the Revenue Divisional Officer to consider Form 6 application. The above provisions obligates the Revenue Divisional Officer to consider the report of the Village Officer, and ensure that there is no disruption of the free flow of water to the neighboring paddy fields. It is only when the extent of land exceeds 20.2 Ares, the Revenue Divisional Officer is obliged to also get an opinion from the Agricultural Officer regarding the effectiveness of the water conservancy measures to be implemented by the applicant. The above provisions do not provide to call for the satellite images from the Central/State Institute of Science and Technology as per Rule 4(4f). The said procedure is only to consider a Form 5 application. 8. In Shinila P.C. v. State of Kerala, 2025 (2) KHC 273 , this Court has held that, while conducting an enquiry in an application filed under Form 6, the scope of enquiry is confined to the question as to whether the change of nature of the property would result in disruption of free flow of water to the neighboring paddy fields or would affect the cultivation of paddy or other crops, if any, in the adjacent lands. Beyond these aspects, no other matter, including the question as to whether the property was converted prior to 2008, would come within the scope of such enquiry. A similar view has been taken by this Court in George Varghese v. District Collector, 2023 (7) KHC 93 . 9. On an analysis of the scheme of the Act and the Rules frames thereunder. I am of the definite view that, the direction of the respondent to obtain satellite images is untenable and beyond the scope of enquiry. Hence, I hold that Ext.P3 order directing the petitioner to deposit the prescribed fee is liable to be quashed and the respondent be directed to consider Ext.P2 application, as per the above quoted provisions of law, without insisting for the satellite images. 10. Accordingly, I allow the writ petition in the following manner: (i) Ext.P3 order is quashed. (ii) The respondent is directed to dispose of Ext.P2 application, as per the observations made above, in accordance with law and as expeditiously as possible, at any rate, within two months from the date of production of a copy of this judgment. 11. 10. Accordingly, I allow the writ petition in the following manner: (i) Ext.P3 order is quashed. (ii) The respondent is directed to dispose of Ext.P2 application, as per the observations made above, in accordance with law and as expeditiously as possible, at any rate, within two months from the date of production of a copy of this judgment. 11. The writ petition is ordered accordingly.