Kerala High Court
Sheela vs The District Collector,Palakkad on 6 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:58595
WP(C) NO. 4758 OF 2025
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. 4758 OF 2025
PETITIONER:
SHEELA,
AGED 55 YEARS
D/O.NANCHAN, ERANGAD, PIRAYIRI, PALAKKAD, PIN -
678004
BY ADV SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS:
1 THE DISTRICT COLLECTOR,PALAKKAD,
COLLECTORATE, CIVIL STATION, PALAKKAD, PIN -
678001
2 REVENUE DIVISIONAL OFFICER,
COLLECTORATE, CIVIL STATION,PALAKKAD, PIN - 678001
3 THE PRINCIPAL AGRICULTURAL OFFICER,
OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICER,
CIVIL STATION, PALAKKAD, PIN - 678001
4 THE THAHSILDAR (L.R),
PALAKKAD TALUK OFFICE, PALAKKAD, PALAKKAD, PIN -
678001
5 THE VILLAGE OFFICER,
PIRAYIRI VILLAGE, PIRAYIRI, PALAKKAD TALUK,
PALAKKAD, PIN - 678004
6 THE AGRICULTURAL OFFICER,
KRISHIBHAVAN, PIRAYIRI.P.O,PALAKKAD, PALAKKAD, PIN
- 678004
2025:KER:58595
WP(C) NO. 4758 OF 2025
2
7 LOCAL LEVEL MONITORING COMMITTEE,
PIRAYIRI GRAMA PANCHAYAT,PIRAYIRI.P.O, PALAKKAD
TALUK, PALAKKAD.REP.BY ITS CONVENER, PIN - 678004
GOVERNMENT PLEADER SMT. JESSY S. SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:58595
WP(C) NO. 4758 OF 2025
3
JUDGMENT
Dated this the 6th day of August, 2025 The petitioner is the owner in possession of 0.0121 hectares of land comprised in Re-Survey No. 431/1-3 in Block No.19 of Pirayiri Village, Palakkad Taluk, covered under Ext.P1 possession certificate. 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.P6 application in Form 5, under Rule 4(4d) of the Rules. However, by Ext.P7 order, the authorised officer has summarily rejected the application without either conducting a personal inspection of the land or calling 2025:KER:58595 WP(C) NO. 4758 OF 2025 4 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 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], 2025:KER:58595 WP(C) NO. 4758 OF 2025 5 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.
5. A reading of Ext.P7 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 2025:KER:58595 WP(C) NO. 4758 OF 2025 6 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 writ petition in the following manner:
(i) Ext.P7 order is quashed.
(ii) The 2nd 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 petitioner.
(iii) If satellite pictures are called for, the 2025:KER:58595 WP(C) NO. 4758 OF 2025 7 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 petitioner.
The writ petition is thus ordered accordingly.
SD/-
C.S.DIAS, JUDGE rmm/6/8/2025 2025:KER:58595 WP(C) NO. 4758 OF 2025 8 APPENDIX OF WP(C) 4758/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23.10.2024 ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT Exhibit P2 TRUE COPY OF THE LOCATION SKETCH OF PETITIONER'S PROPERTY ISSUED BY 6TH RESPONDENT Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK OF THE PETITIONER'S PROPERTY Exhibit P4 PHOTOGRAPH OF THE PETITIONER'S PROPERTY Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 17.10.2024 ISSUED FROM PALAKKAD BLOCK PANCHAYAT Exhibit P6 TRUE COPY OF THE FORM.5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.11.2024 Exhibit P7 TRUE COPY OF THE ORDER IN FILE NO.107/2025 DATED 22.01.2025 ISSUED BY THE 2ND RESPONDENT