Kerala High Court
James C.M @ James Chittilappilly vs The District Collector on 16 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 14023 OF 2024 1
2025:KER:52529
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
WP(C) NO. 14023 OF 2024
PETITIONER:
JAMES C.M @ JAMES CHITTILAPPILLY,
AGED 60 YEARS
S/O. MATHU, CHITTILAPPILLY HOUSE, CHENGALUR,
PERAMANGALAM P.O, THRISSUR DISTRICT, PIN - 680545
BY ADV SMT. ARYA ASHOKAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION THRISSUR, FIRST FLOOR, COLLECTORATE,
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003
2 THE REVENUE DIVISIONAL OFFICER,
IRINJALAKKUDA REVENUE DIVISIONAL OFFICE, CIVIL
STATION ANNEX, IRINJALAKKUDA, THRISSUR DISTRICT,
PIN - 680125
3 THE TAHSILDAR,
MUKUNDAPURAM TALUK OFFICE, CHEMMANDA ROAD,
IRINJALAKKUDA, THRISSUR DISTRICT, PIN - 680125
4 THE VILLAGE OFFICER,
CHENGALUR VILLAGE OFFICE, CHENGALUR P.O, THRISSUR
DISTRICT, PIN - 680312
5 THE AGRICULTURAL OFFICER,
PUTHUKKAD KRISHI BHAVAN, RANDAMKALLU, CHENGALUR,
THRISSUR DISTRICT, PIN - 680312
6 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY THE AGRICULTURAL OFFICER, PUTHUKKAD
KRISHI BHAVAN, RANDAMKALLU, CHENGALUR, THRISSUR
DISTRICT, PIN - 680312
BY SMT.VIDYA KURIAKOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 14023 OF 2024 2
2025:KER:52529
JUDGMENT
Dated this the 16th day of July, 2025 The petitioner is the owner in possession of 43.81 Ares of land comprised in Survey Nos.597/PT8 and 597/PT20 in Chengalur Village, Mukundapuram Taluk, covered under Ext.P1 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.P5 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.P6 order, the authorised officer has perfunctorily rejected Ext.P5 application, without inspecting the property directly or calling for satellite images as envisaged under Rule 4(4f) of the Rules. He WP(C) NO. 14023 OF 2024 3 2025:KER:52529 has also not rendered any independent finding regarding the nature and character of the property as on 12.08.2008. Hence, Ext. P6 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 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 WP(C) NO. 14023 OF 2024 4 2025:KER:52529 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.P6 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 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 WP(C) NO. 14023 OF 2024 5 2025:KER:52529 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.P6 order is quashed.
(ii). The 2nd respondent/authorised officer is directed to reconsider Ext.P5application, in accordance 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.P5 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 WP(C) NO. 14023 OF 2024 6 2025:KER:52529 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 NAB WP(C) NO. 14023 OF 2024 7 2025:KER:52529 APPENDIX OF WP(C) 14023/2024 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE TAX RECEIPT BEARING NO.
KL08033801931/2023 DATED 18.05.2023 EXHIBIT-P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE PUBLISHED DATA BANK OF PUTHUKKAD GRAMA PANCHAYATH DATED 17-12-2020 EXHIBIT-P3 TRUE COPY OF THE KSREC REPORT BEARING NO.
A/172/2015/KSREC/005647/19 DATED 17.01.2020 EXHIBIT-P4 TRUE COPY OF THE REPORT OF THE 5TH AND 6TH RESPONDENTS DATED 22.12.2020 EXHIBIT-P5 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 18-05-2023 EXHIBIT-P6 TRUE COPY OF THE ORDER DATED 09.08.2023 BEARING FILE NO. 4393/2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT-P7 TRUE COPY PHOTO GRAPHS OF THE SUBJECT PROPERTIES