Kerala High Court
Shibil Muhammed vs State Of Kerala on 4 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 32087 OF 2024 1
2025:KER:57832
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WP(C) NO. 32087 OF 2024
PETITIONERS:
SHIBIL MUHAMMED,
AGED 33 YEARS
S/O.MUHAMMED, KOLAKKADAN HOUSE, KUNIYIL,
KIZHUPARAMBA, MALAPPURAM, PIN - 673639
BY ADVS. SHRI.K.J.MANU RAJ
SMT.K.VINAYA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 REVENUE DIVISIONAL OFFICER,
PERINTHALMANNA, MALAPPURAM, PIN - 679322
3 THE TAHSILDAR (LR),
TALUK OFFICE NILAMBUR, MALAPPURAM, PIN - 679329
4 THE VILLAGE OFFICER,
WANDOOR VILLAGE, MALAPPURAM, PIN - 679328
5 AGRICULTURAL OFFICER,
KRISHI BHAVAN, BLOCK PANCHAYAT OFFICE COMPOUND,
WANDOOR (P.O), MALAPPURAM, PIN - 679328
6 DEPUTY COLLECTOR (DM),
COLLECTORATE, CIVIL STATION, MALAPPURAM,
PIN - 676505
BY SMT.VIDYA KURIAKOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 32087 OF 2024 2
2025:KER:57832
JUDGMENT
Dated this the 04th day of August, 2025 The petitioner is the co-owner in possession of 0.2804 hectares of land comprised in Re-Survey No.308/4- 3 in Wandoor Village, Nilambur Taluk, Malappuram District , covered under Ext.P2 land tax receipt. The property is a converted land and is unsuitable for paddy cultivation. Nevertheless, the respondents have erroneously classified the property as 'paddy land' and included it in the data bank maintained under the Kerala Conservation of Paddy Land and Wetland Act, 2008, and the Rules framed thereunder ('Act' and 'Rules', for brevity). To exclude the property from the data bank, the petitioner had submitted Ext.P4 application in Form 5, under Rule 4(4d) of the Rules. However, by Ext.P5 order, the authorised officer has summarily rejected the application without either conducting a personal WP(C) NO. 32087 OF 2024 3 2025:KER:57832 inspection of the land or calling for the satellite pictures as mandated under Rule 4(4f) of the Rules. Furthermore, the order is devoid of any independent finding regarding the nature and character of the land as it existed on 12.08.2008 -- the date the Act came into force. The impugned order, therefore, is arbitrary and unsustainable in law and liable to be quashed.
2. I have heard the learned Counsel for the petitioner and the learned Senior Government Pleader.
3. The petitioner's principal contention is that the applied property is not a cultivable paddy field but is a converted plot. Nonetheless, the property has been incorrectly included in the data bank. Despite filing the Form 5 application, the authorised officer has rejected the same without proper consideration or application of mind.
4. It is now well-settled by a catena of judgments of this Court -- including the decisions in Muraleedharan Nair R v. Revenue Divisional Officer [2023 (4) KHC 524], Sudheesh U v. The Revenue WP(C) NO. 32087 OF 2024 4 2025:KER:57832 Divisional Officer, Palakkad [2023 (2) KLT 386], and Joy K.K. v. The Revenue Divisional Officer/Sub Collector, Ernakulam [2021 (1) KLT 433] -- that the authorised officer is obliged to assess the nature, lie and character of the land and its suitability for paddy cultivation as on 12.08.2008, which are the decisive criteria to determine whether the property is to be excluded from the data bank.
5. A reading of Ext.P5 order reveals that the authorised officer has failed to comply with the statutory requirements. There is no indication in the order that the authorised officer has personally inspected the property or called for the satellite pictures as mandated under Rule 4(4f) of the Rules. Instead, the authorised officer has merely acted upon the report of the Agricultural Officer without rendering any independent finding regarding the nature and character of the land as on the relevant date. There is also no finding whether the exclusion of the property would prejudicially affect the surrounding paddy WP(C) NO. 32087 OF 2024 5 2025:KER:57832 fields. In light of the above findings, I hold that the impugned order was passed in contravention of the statutory mandate and the law laid down by this Court. Thus, the impugned order is vitiated due to errors of law and non-application of mind, and is liable to be quashed. Consequently, the authorised officer is to be directed to reconsider the Form 5 application as per the procedure prescribed under the law.
In the circumstances mentioned above, I allow the writ petition in the following manner:
(i) Ext.P5 order is quashed.
(ii) The 6th respondent/authorised officer is directed to reconsider Ext.P4 application, in accordance with the law, by either conducting a personal inspection of the property or calling for the satellite pictures as provided under Rule 4(4f) of the Rules, at the cost of the petitioner.
(iii) If satellite pictures are called for, the application shall be disposed of within three months WP(C) NO. 32087 OF 2024 6 2025:KER:57832 from the date of receipt of such pictures. On the other hand, if the authorised officer opts to inspect the property personally, the application shall be disposed of within two months from the date of production of a copy of this judgment by the petitioner.
The writ petition is thus ordered accordingly.
Sd/-
C.S.DIAS, JUDGE NAB WP(C) NO. 32087 OF 2024 7 2025:KER:57832 APPENDIX OF WP(C) 32087/2024 PETITIONER EXHIBITS EXHIBIT P 1 A TRUE COPY OF THE RELEVANT PAGES OF DOCUMENT DEED NO. 897/2011 DATED 4.2.2011 OF SRO WANDOOR EXHIBIT P 2 A TRUE COPY OF THE TAX RECEIPT NO.
KL10051922598/2022 DATED 9.11.2022 ISSUED BY THE LAND REVENUE DEPARTMENT EXHIBIT P 3 A TRUE COPY OF THE POSSESSION CERTIFICATE NO. 87994808 DATED 22.8.2024 ISSUED BY THE WANDOOR VILLAGE OFFICE EXHIBIT P 4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM NO.5 DATED 27.12.2022 EXHIBIT P 5 A TRUE COPY OF THE ORDER ISSUED BY THE SUB COLLECTOR , PERINTHALMANNA DATED 16.8.2023 EXHIBIT P 6 A TRUE COPY OF THE SKETCH ISSUED BY THE VILLAGE OFFICER WANDOOR DATED 6.1.2023