Kerala High Court
Reeja vs The Deputy Collector ( Rr) on 8 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:59694
WP(C) NO. 11636 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947
WP(C) NO. 11636 OF 2025
PETITIONER:
REEJA,
AGED 49 YEARS
W/O. JOBY, NEELANKAVIL HOUSE, CHITILAPILLY,
PERAMANGALM.P.O., THRISSUR DISTRICT, PIN - 680545
BY ADV SRI.K.M.MUHAMMED HUSSAIN
RESPONDENTS:
1 THE DEPUTY COLLECTOR ( RR),
OFFICE OF THE REVENUE DIVISIONAL OFFICER, CIVIL
STATION AYYANTHOLE, THRISSUR, PIN - 680003
2 THE TAHSILDAR (LAND RECORDS),
THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680005
3 THE AGRICULTURAL OFFICER,
ADATT KRISHI BHAVAN, ADATT P.O, THRISSUR DISTRICT,
PIN - 680580
4 THE VILLAGE OFFICER,
CHITTILAPPILLY VILLAGE, THRISSUR TALUK, THRISSUR
DISTRICT, PIN - 680580
5 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
(KSREC),
C BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM,
REPRESENTED BY ITS DIRECTOR, PIN - 695033
OTHER PRESENT:
2025:KER:59694
WP(C) NO. 11636 OF 2025
2
GP. SMT. JESSY S. SALIM,
SC- SRI.VISHNU S. CHEMPAZHANTHIYIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:59694
WP(C) NO. 11636 OF 2025
3
JUDGMENT
Dated this the 8th day of August, 2025 The petitioner is the owner in possession of 43.91 Ares of land comprised in Re-Survey No. 277/6-1 of Chittilappilly Village, Thrissur Taluk, 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 inspection of the land or calling for the 2025:KER:59694 WP(C) NO. 11636 OF 2025 4 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:59694 WP(C) NO. 11636 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.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 2025:KER:59694 WP(C) NO. 11636 OF 2025 6 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.P5 order is quashed.
(ii) The 1st 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 from the date of 2025:KER:59694 WP(C) NO. 11636 OF 2025 7 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/8/8/2025 2025:KER:59694 WP(C) NO. 11636 OF 2025 8 APPENDIX OF WP(C) 11636/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF DOCUMENT NO. 2938/2001 OF S.R.O. MUNDUR DATED 2-11-2001 Exhibit P-2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 19-07-2024 ISSUED BY 4 TH RESPONDENT Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK PREPARED FOR CHITTILAPPILLY VILLAGE DATED 18-01-2021 Exhibit P4 THE TRUE COPY OF THE APPLICATION IN FORM NO. 5 DATED 15.01.2024, SUBMITTED BY THE PETITIONER BEFORE THE 1 ST RESPONDENT Exhibit P5 THE COPY OF THE REPORT WAS NOT ISSUED TO THE PETITIONER. THE TRUE COPY OF THE ORDER PASSED BY THE 1 ST RESPONDENT DATED 11-11-2024 Exhibit P6 THE LAND IS SURROUNDED BY PANCHAYAT ROAD , RAILWAY TRACK AND OTHER CONVERTED LANDS. THE TRUE COPY OF THE PHOTOGRAPHS SHOWING NATURE OF THE LAND