Kerala High Court
Leela vs The Sate Of Kerala on 6 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 453 OF 2025
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2025:KER:58678
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. 453 OF 2025
PETITIONER/S:
1 LEELA,
AGED 78 YEARS
W/O LATE DAMODARAN PILLAI, LAKSHMI VILASAM,JAWAN CROSS
ROAD,PONEKKARA,AIMS POST OFFICE, ERNAKULAM, PIN -
682041
2 REKHA,
AGED 52 YEARS
D/O LATE DAMODARAN PILLAI, THUMMARUKUDY HOUSE,
VALAYANCHIRANGARA POST OFFICE,PERUMBHAVOOR, ERNAKULAM,
PIN - 683550
BY ADVS.
SHRI.SHIBIN K.F.
SHRI.JOHN T. SEBASTIAN
SHRI.JOSEPH FRANCIS
SMT.ANEENA ROY
RESPONDENT/S:
1 THE SATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF
KERALA, ROOM NO. 202, NORTH SANDWICH BLOCK, GOVERNMENT
SECRETARIAT, TRIVANDRUM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FORT KOCHI, K.B JACOB ROAD,
FORT KOCHI, HEAD POST OFFICE, KOCHI,ERNAKULAM, PIN -
682001
3 THE VILLAGE OFFICER,
EDAPALLY NORTH VILLAGE OFFICE, PONEKKARA RD, PONEKKARA,
WP(C) NO. 453 OF 2025
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EDAPPALLY NORTH BRANCH POST OFFICE, KOCHI, ERNAKULAM,
KERALA, PIN - 682024
4 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, VYTLA, KOCHI CORPORATION VYTLA SHOPPING
COMPLEX, SA ROAD AND MAHAKAVI VAILOPPILLI ROAD, VYTLA
POST OFFICE, KOCHI, ERNAKULAM, PIN - 682019
5 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY CHAIRMAN AND MAYOR OF KOCHI MUNICIPAL
CORPORATION, KOCHI MUNICIPAL HEAD OFFICE, PARK AVE
ROAD, MARINE DRIVE, ERNAKULAM HEAD POST OFFICE, PIN -
682011
SR.GP SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 453 OF 2025
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C.S.DIAS, J.
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WP(C) No. 453 OF 2025
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Dated this the 6th day of August, 2025
JUDGMENT
The writ petition is filed, inter alia, to direct the respondents to exclude the applied property from the data bank.
2. The petitioners are co-owners in possession of 16.38 Ares of land comprised in Re-Survey No.20 in Block No.207 in Edappally North Village, Kanayannur Taluk, Ernakulam District. The property has been converted to 'purayidom'. However, the 5th respondent has erroneously classified the property as 'converted land' and included it in Ext.P1 notified data bank. Exts.P3 to P11 revenue records substantiate that the property is a dry land. Since the property is classified as converted land in the data bank, the respondents are bound to exclude the property from Ext.P1 notified data bank.
3. Heard; the learned Counsel for the petitioners and the learned Senior Government Pleader.
4. In the case at hand, it is not in dispute that the WP(C) NO. 453 OF 2025 4 2025:KER:58678 petitioners' property is classified as converted land in the notified data bank. It is well settled that only if the property is classified as 'paddy land' or 'wetland' would the provisions of the Act get attracted.
5. In Line Properties Private Ltd. v. Revenue Divisional Officer, Ernakulam (2025 (2) KLT 348), this Court has categorically held that if a property is classified as converted land and included in the data bank, the revenue authorities are bound to exclude it from the data bank.
6. In view of the exposition of law in Line Properties Private Limited's case (supra) and taking note of the undisputed fact that property is classified as converted land in the data bank, I allow the writ petition in the following manner:
(i) The 2nd respondent/authorised officer is directed to pass orders excluding the petitioners' property from the data bank within one month from the date of production of a copy of this judgment and forward the order to the 5th respondent.
(ii) The 5th respondent, on receipt of the said order, WP(C) NO. 453 OF 2025 5 2025:KER:58678 shall publish an erratum notification excluding the petitioner's property from Ext.P1 data bank within two months from the date of receipt of the order from the 2nd respondent.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE rkc/06.08.25 WP(C) NO. 453 OF 2025 6 2025:KER:58678 APPENDIX OF WP(C) 453/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE DATA BANK, DATED 22-02- 2021, PUBLISHED BY THE 5TH RESPONDENT Exhibit-P2 A TRUE COPY OF THE PARTITION DEED NO.4825/1995, DATED 08-08-1995, IN THE RECORDS OF THE EDAPPALLY SUB REGISTRY OFFICE Exhibit-P3 A TRUE COPY OF THE LAND TAX RECEIPT, DATED 20-09-2001 Exhibit-P4 A TRUE COPY OF THE LAND TAX RECEIPT, DATED 11-06-2015 Exhibit-P5 A TRUE COPY OF THE LAND TAX RECEIPT, DATED 08-08-2016 Exhibit-P6 A TRUE COPY OF THE LAND TAX RECEIPT, DATED 19-06-2017 Exhibit-P7 A TRUE COPY OF THE LAND TAX RECEIPT, DATED 24-09-2018 Exhibit-P8 A TRUE COPY OF THE LAND TAX RECEIPT, DATED 19-06-2019 Exhibit-P9 A TRUE COPY OF THE LAND TAX RECEIPT, DATED 20-01-2023 Exhibit-P10 A TRUE COPY OF THE BASIC TAX REGISTER, DATED 20-01-2023, PERTAINING TO THE PETITIONERS' LAND Exhibit-P11 A TRUE COPY OF THE TOWN SURVEY REGISTER, DATED 14-11-2023, MAINTAINED AT THE OFFICE OF THE ASSISTANT DIRECTOR OF SURVEY AND LAND RECORDS (RESURVEY), THRIKKAKKARA Exhibit-P12 THE PHOTOGRAPHS SHOWING THE NATURE OF THE PETITIONERS' LAND AS ‘PURAYIDAM' (DRY LAND)