Kerala High Court
Soubhagyavathy K.B vs The District Collector on 15 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:52174
WP(C) NO. 5603 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 5603 OF 2025
PETITIONER:
SOUBHAGYAVATHY K.B.,
AGED 71 YEARS
W/O. RAMAKRISHNAN V.R., VALIYAVALAPPIL HOUSE,
AKKARAPPURAM, KURICHIKKARA PO, MADAKKATHARA,
THRISSUR DISTRICT, PIN - 680028
BY ADVS.
SRI.BIJU .C. ABRAHAM
SHRI.THOMAS C.ABRAHAM
SHRI.BASIL MATHEW
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT COLLECTOR, FIRST FLOOR,
CIVIL STATION, CIVIL LINES ROAD, KALAYAN NAGAR,
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, FIRST
FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALAYAN
NAGAR, AYYANTHOLE, THRISSUR DISTRICT, PIN -
680003
2025:KER:52174
WP(C) NO. 5603 OF 2025
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3 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR AND AGRICULTURAL
OFFICER, KRISHI BHAVAN, AYYANTHOLE, THRISSUR
DISTRICT, PIN - 680003
4 THE VILLAGE OFFICER,
MADAKKATHARA VILLAGE OFFICE, VELLANISSERY,
THANIKKUDAM, THRISSUR DISTRICT, PIN - 680651
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 15.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:52174
WP(C) NO. 5603 OF 2025
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C.S.DIAS, J.
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W.P.(C) No.5603 of 2025
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Dated this the 15th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 3.14 Ares of land comprised in Survey No.384/2-13 in Madakkathara Village in Thrissur Taluk, covered under Ext.P2 land tax receipt. The property is a converted land. It is not suitable for paddy cultivation. However, the respondents have erroneously classified the property as 'paddy land' and included it in the data bank. To exclude the property from the data bank, the petitioner had submitted Ext.P3 application in Form 5 under Rule 4(4d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short). But, by the impugned Ext.P4 order, the authorised officer has perfunctorily rejected Ext.P3 application, without 2025:KER:52174 WP(C) NO. 5603 OF 2025 4 inspecting the property directly or calling for satellite images as envisaged under Rule 4(4f) of the Rules. He has also not rendered any independent finding regarding the nature and character of the property as on 12.08.2008. Hence, Ext.P4 order is illegal and arbitrary, and is liable to be quashed.
2. Heard; the learned counsel for the petitioner and the learned Government Pleader.
3. The petitioner's specific case is that, his property is a converted land. It is not suitable for paddy cultivation. But, the property has been erroneously classified in the data bank as paddy land. Even though the petitioner had submitted a Form 5 application, to exclude the property from the data bank, the same has been rejected by the authorised officer without any application of mind.
4. In a host of judicial pronouncements, this 2025:KER:52174 WP(C) NO. 5603 OF 2025 5 Court has emphatically held that, it is the nature, lie, character and fitness of the land, and whether the land is suitable for paddy cultivation as on 12.08.2008 i.e., the date of coming into force of the Act, are the relevant criteria to be ascertained by the Revenue Divisional Officer to exclude a property from the data bank (read the decisions of this Court 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 and others (2021 (1) KLT 433)).
5. Ext.P4 order establishes that the authorised officer has not directly inspected the property or called for the satellite images as envisaged under Rule 4(4f) of the Rules. He has also not rendered any independent 2025:KER:52174 WP(C) NO. 5603 OF 2025 6 finding regarding the nature and character of the property as on 12.08.2008, or whether the removal of the property from the data bank would adversely affect the paddy cultivation in the locality. Instead, by solely relying on the report of the Agricultural Officer, the impugned order has been passed. Thus, I am satisfied that the impugned order has been passed without any application of mind, and the same is liable to be quashed and the authorised officer be directed to reconsider the matter afresh, in accordance with law, after adverting to the principles of law laid down by this Court in the aforesaid decisions and the materials available on record.
Accordingly, I allow the writ petition in the following manner:
(i) Ext.P4 order is quashed.
(ii) The 2nd respondent/authorised officer is directed to reconsider Ext.P3 application, in accordance 2025:KER:52174 WP(C) NO. 5603 OF 2025 7 with law. It would be up to the authorised officer to either directly inspect the property or call for satellite images, as per the procedure provided under Rule 4(4f), at the expense of the petitioner.
(iii) If the authorised officer calls for the satellite images, he shall consider Ext.P3 application, in accordance with law and as expeditiously as possible, at any rate, within three months from the date of the receipt of the satellite images. In case he directly inspects the property, he shall dispose of the application within two months from the date of production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE dkr 2025:KER:52174 WP(C) NO. 5603 OF 2025 8 APPENDIX OF WP(C) 5603/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED BEARING NO.
973/I/2021 DATED 25/6/2021 OF OLLUKKARA SRO EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 15/06/2024 EVIDENCING THE PAYMENT OF TAX FOR THE YEAR 2024-25 EXHIBIT P3 TRUE COPY OF THE FORM-5 APPLICATION DATED 03/09/2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE ORDER DATED 26/11/2024 PASSED BY THE 2ND RESPONDENT REJECTING EXT. P3 APPLICATION OF THE PETITIONER EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE LIE AND NATURE OF THE LAND COVERED BY EXT. P1 AND ITS SURROUNDINGS EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 26/10/2023 PASSED BY THIS HON'BLE COURT IN W.P.(C). NO. 9090/2023