Kerala High Court
Ayshatul Farsana K.M vs Revenue Divisional Officer on 6 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:58598
WP(C) NO. 32417 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(C) NO. 32417 OF 2024
PETITIONERS:
1 AYSHATUL FARSANA K.M,
AGED 28 YEARS
D/O: ZOURA, KUBANOOR, KASARAGOD, KERALA, PIN -
671322
2 ABBUBACKER SIDHIQ P.M,
AGED 38 YEARS
S/O.M.B.AHAMMAD, SANNADKA HOUSE, KUNJATHUR P.O,
KUNJATHUR, KASARAGOD, KERALA, PIN - 671323
BY ADV SHRI.ADIL.M.H
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, PUTHIYAKOTTA PO,
HOSDURG, KANHANGAD, KASARAGOD, KERALA, PIN -
671315
2 THE VILLAGE OFFICER,
VILLAGE OFFICE KUNJATHUR, UDYAWAR, KUNJATHUR,
KASARAGOD,KERALA, PIN - 671322
3 THE AGRICULTURAL OFFICER,
MANJESHWAR KRISHI BHAVAN, MANJESHWAR-HOSANGADI OLD
HWY, MANJESHWAR, HOSABETTU, KASARAGOD, KERALA, PIN
- 671323
4 THE LOCAL LEVEL MONITORING COMMITTEE,
(CONSTITUTED UNDER THE KERALA CONSERVATION OF
PADDY LAND AND WET LAND ACT, 2008) REPRESENTED BY
ITS CONVENOR, (THE AGRICULTURAL OFFICER,MANJESHWAR
2025:KER:58598
WP(C) NO. 32417 OF 2024
2
KRISHI BHAVAN,MANJESHWAR-HOSANGADI OLD HWY,
MANJESHWAR, HOSABETTU,KASARGOD DISTRICT, KERALA,
PIN - 671323
5 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE,
1ST FLOOR, NEAR LEGISLATIVE ASSEMBLY, VIKAS
BHAVAN, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PMG, THIRUVANANTHAPURAM- REPRESENTED BY ITS
DIRECTOR, PIN - 695033
SR GP SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:58598
WP(C) NO. 32417 OF 2024
3
JUDGMENT
Dated this the 6th day of August, 2025 The 1st petitioner is the owner in possession of 3 Ares and 4 Sq.Metres of land comprised in Re- Survey No.169/11PT5 in Block No.001 in Kunjathur Village, Manjeshwar Taluk, covered under Ext.P1 sale deed and 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 1st petitioner had submitted a Form 5 application under Rule 4(4d) of the Rules. However, by Ext.P3 order, the authorised officer has summarily rejected the application without either conducting a personal 2025:KER:58598 WP(C) NO. 32417 OF 2024 4 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. In the statement filed on behalf of the 1 st respondent it is contended that, the Agricultural Officer has reported that the property is not a converted paddy field. Instead, it is a part of 'Padashekharam' and the land adjacent to the property in question was cultivated in the first season of this year. If permission is granted to convert the property, it would adversely affect the near-by paddy cultivation. Therefore, Ext.P3 order was passed.
3. I have heard the learned Counsel for the petitioners and the learned Government Pleader.
4. The petitioners' principal contention is that the 2025:KER:58598 WP(C) NO. 32417 OF 2024 5 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.
5. 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 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.
6. A reading of Ext.P3 order reveals that the authorised officer has failed to comply with the statutory 2025:KER:58598 WP(C) NO. 32417 OF 2024 6 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 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 2025:KER:58598 WP(C) NO. 32417 OF 2024 7 writ petition in the following manner:
(i) Ext.P3 order is quashed.
(ii) The 1st respondent/authorised officer is directed to reconsider the Form 5 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 petitioners.
(iii) If satellite pictures are called for, the application shall be disposed of within three months 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 petitioners.
The writ petition is thus ordered accordingly.
SD/-
C.S.DIAS, JUDGE rmm/6/8/2025 2025:KER:58598 WP(C) NO. 32417 OF 2024 8 APPENDIX OF WP(C) 32417/2024 PETITIONER EXHIBITS Exhibit-P1 SALE DEED DOCUMENT NO. 3667 OF 2023 FROM THE SUB-REGISTRAR'S OFFICE, MANJESHWAR, KASARAGOD DISTRICT, EXECUTED ON 11.10.2023 IN FAVOR OF 1ST PETITIONER. THE TRUE COPY OF DEED IN KANNADA LANGUAGE AND IT'S ENGLISH TRANSLATION IS HEREBY PRODUCED AND MARKED AS EXHIBIT- P1 Exhibit -P2 A TRUE COPY OF THE LATEST BASIC TAX RECEIPT DATED 25.10.2023, ISSUED BY THE 2ND RESPONDENT IN THE PETITIONER'S NAME, IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2.
Exhibit -P3 A TRUE COPY OF THE REJECTION ORDER OF FORM-5 AS PER KERALA WET LAND AND PADDY LAND ACT DATED 24.01.2024, ISSUED BY THE 1ST RESPONDENT ALONG WITH THE WRITTEN ORDER, IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P3 Exhibit-P 4 THE DIRECTIONS MADE BY THIS HON'BLE COURT TO CONSIDER A LAND AS WET LAND AND PADDY LAND THROUGH THE JUDGEMENT DATED 16.01.2017 IN W.P.(C) NO.40499 OF 2016. A TRUE COPY OF THE JUDGEMENT DATED 16.01.2017 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT- P4 Exhibit -P5 A TRUE COPY OF THE JUDGMENT DATED 16.09.2017 IN W.P.(C) NO. 16898/2017 BY THIS HON'BLE COURT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P5 Exhibit-P 6 THE LETTER OF NO-OBJECTION BY MR.PRAKASH PAI U WHO IS THE LAND OWNER (DOCUMENT NO.2142/2023 OF MANJESHWAR SRO) OF THE LAND ADJACENT TO THE LAND OF THE PETITIONER IS PRODUCED HEREBY AND MARKED AS EXHIBIT-P6 Exhibit -P7 THE LETTER OF NO-OBJECTION BY ANOTHER ADJACENT LAND OWNER MR.ABDUL HAMEED (DOCUMENT NO.181/2023) IS PRODUCED HEREBY AND MARKED AS EXHIBIT.P7 Exhibit-P8 THE PHOTO OF LAND OF PETITIONER WITH ROAD FACILITY IS PRODUCED HEREBY AND 2025:KER:58598 WP(C) NO. 32417 OF 2024 9 MARKED AS EXHIBIT-P8.
Exhibit -P9 A TRUE EXTRACT OF THE PROCEDURE FOR OBTAINING SATELLITE DATA AND REPORTS FROM KSRSEC, THIRUVANANTHAPURAM, IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P9.
Exhibit-P10 THE TRUE COPIES OF THE NO LAND CERTIFICATES ISSUED IN THE NAMES OF 1ST AND 2ND PETITIONERS BY THE VILLAGE OFFICER KUNJATHUR DATED 29.01.2025 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT- P10.