Kerala High Court
Kunhu, S/O. Mohammed vs The District Collector, Malappuram on 16 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:52686
WP(C) NO. 28619 OF 2024
1
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. 28619 OF 2024
PETITIONER:
KUNHU, S/O. MOHAMMED
AGED 64 YEARS
UNNI, PERUMBUMKATTIL HOUSE, PERUMPADAPPA,
MALAPPURAM DISTRICT, PIN - 679580
BY ADV SHRI.K.K.MOHAMED RAVUF
RESPONDENTS:
1 THE DISTRICT COLLECTOR, MALAPPURAM
DISTRICT,CIVIL STATION, COLLECTORATE ROAD, UPHILL,
MALAPPURAM DISTRICT, PIN - 676505
2 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION,
TIRUR, MALAPPURAM DISTRICT, PIN - 676101
3 THE TAHSILDAR,
TALUK OFFICE, PONNANI, MALAPPRUAM DISTRICT,
PIN - 679577
4 THE VILLAGE OFFICER,
VILLAGE OFFICE, THAVANUR, MALAPPURAM DISTRICT,
PIN - 679573
2025:KER:52686
WP(C) NO. 28619 OF 2024
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5 THE AGRICULTURAL OFFICER,
AGRICULTURAL OFFICE, THAVANUR, MALAPPURAM
DISTRICT, PIN - 679573
6 THE LOCAL LEVEL MONITORING COMMITTEE,
THAVANUR GRAMA PANCHAYAT, THAVANUR P.O.,
REPRESENTED BY ITS CONVENER, THE AGRICULTURAL
OFFICER, THAVANUR, MALAPPURAM DISTRICT, PIN -
679573
SMT.PREETHA K.K, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:52686
WP(C) NO. 28619 OF 2024
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C.S.DIAS, J.
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W.P.(C) No.28619 of 2024
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Dated this the 16th day of July, 2025
JUDGMENT
The writ petition is filed to quash Ext.P13 proceedings of the 2nd respondent and direct the 3rd respondent to effect necessary changes in the revenue records as per Exts.P7 and P8 orders.
2. The petitioner is the owner in possession of 4.04 Ares of land Re-Survey No.108/3-4 in Thavanur Village, covered under Ext.P1 sale deed. The property is classified as a 'garden land' in Ext.P1 deed. However, in the revenue records, the property was classified as 'nilam' (paddy land). By Ext.P7 proceedings, the property was excluded from the data bank. Consequently, the petitioner had submitted a Form-6 application under Section 27A read with Rule 12(1) of the Kerala 2025:KER:52686 WP(C) NO. 28619 OF 2024 4 Conservation of Paddy Land and Wetland Act and Rules, 2008 ('Act and Rules' in short), to change the nature of the classification of the property in the revenue records. By Ext.P8 order, the Form-6 application was allowed and the petitioner was directed to pay the conversion fee as per the Schedule to Rule 12(9) of the Rules. Accordingly, the petitioner remitted the fee as per Ext.P9 receipt. On the strength of Ext.P8 order, the petitioner's son was issued with a letter of intent to commission a petroleum retail outlet in the property. Surprisingly, by Ext.P13 proceedings, the 2nd respondent has rejected the Form-6 application allegedly for the reason that the Village Officer has reported that, out of the total extent of 58 cents in the above said survey number, 36 cents of land is still classified as paddy land and included in the data bank. Ext.P13 proceedings are illegal and arbitrary. Hence, the writ petition.
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3. In the statement of the 1st respondent it is stated that, the petitioner's Form-6 application was forwarded to the Village Officer for enquiry and report. In the site inspection conducted by the Village officer, he found that, out of the total extent of 58 cents in the said survey number, 36 cents of land still remains classified as paddy land. In light of the said report, the petitioner's Form-6 application was rejected. There is no error in Ext.P13 proceedings.
4. Heard; the learned Counsel for the petitioner and the learned Senior Government Pleader.
5. It is not in dispute that, by Ext.P7 order, the petitioner's property was excluded from the data bank. After that, the petitioner's Form-6 application was allowed by Ext.P8 order on 09.05.2022 and the petitioner remitted the conversion fee on 13.05.2022 as evidenced by Ext.P9 receipt. Acting on Ext.P8 order, the 2025:KER:52686 WP(C) NO. 28619 OF 2024 6 petitioner's son has started a Petroleum Retail Outlet.
6. Like a bolt from the blue, nearly after one and a half years, the 2nd respondent has passed Ext.P13 proceedings, allegedly based on the report of the Village Officer that 36 cents of land out of the total extent of 58 cents in the same survey number continues to be classified as paddy land. I find the said proceedings to be untenable for more reasons than one.
7. Firstly, by Ext.P7 order, the property covered under Ext.P1 sale deed, having an extent of 4.04 Ares (9.98 cents) of land comprised in Survey No.108/3-4 in Thavanur Village, has been excluded from the data bank.
8. It is settled law that, once a property is excluded from the data bank, then the same property cannot be re-included in the data bank without following the due process of law, especially after hearing the land owner. Also, it is no one's case that the above property 2025:KER:52686 WP(C) NO. 28619 OF 2024 7 has been re-included in the data bank.
9. Secondly, the petitioner's Form-6 application was allowed by Ext.P8 order, permitting to change the nature of the property in the revenue records. On the basis of the said order, the petitioner remitted the conversion fee as evidenced by Ext.P9 receipt. In light of the passing of Ext.P8 order, the 2 nd respondent has become functus officio, and he does not have the power to review his own orders.
10. Thirdly, in view of passing Ext.P7 order, the 2nd respondent cannot now contend that the property continues to be classified as paddy land in the data bank.
11. Lastly, going by the statement of the 2 nd respondent, it is evident that only an extent of 36 cents of property, out of the total extent of 58 cents in the same survey number, is seen classified as paddy land. Therefore, 22 cents of land is not classified as paddy 2025:KER:52686 WP(C) NO. 28619 OF 2024 8 land. In light of Exts.P7 and P8 orders, it is only to be inferred and presumed that the petitioner's property falls within the 22 cents of converted land.
In the aforesaid circumstances, I have no hesitation to order that Ext.P13 proceedings is patently erroneous and unsustainable in law, and are liable to be quashed. Accordingly, I quash Ext.P13 proceedings and direct the 3rd respondent to carry out the consequential changes in the revenue records, based on the directions in Ext.P8 order and as per the procedure envisaged under the Act and the Rules. The above exercise shall be carried out within one month from the date of production of a copy of the judgment.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE dkr 2025:KER:52686 WP(C) NO. 28619 OF 2024 9 APPENDIX OF WP(C) 28619/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 376/2018 OF EDAPPAL SRO EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 11/5/2023 ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF SKETCH SHOWING THE LOCATION OF THE PROPERTY EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 11/11/2019 IN FORM NO. 6 OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND RULES, 2008 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 5/11/2019 FOR PAYMENT OF FESS OF RS.1,000/- ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 6/8/2020 IN FORM NO. 5 OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND RULES, 2008 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF ORDER NO. RDOTIR/2227/20/K1 DATED 15.3.2022 OF THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF THE ORDER NO.
RDOTIR/1438/19/K1 DATED 9/5/2022 OF THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED 13/5/2022 ISSUED BY THE 2ND RESPONDENT EXHIBIT P10 TRUE COPY OF THE LETTER DATED 5/12/2023 ISSUED FROM HINDUSTAN PETROLEUM CORPORATION LTD. TO MOHAMMED MABROOK, EXHIBIT P11 TRUE COPY OF THE LETTER DATED 15/1/2024 ISSUED FROM HINDUSTAN PETROLEUM CORPORATION LTD. TO MOHAMMED MABROOK EXHIBIT P12 TRUE COPY OF THE AADHAR CARD OF MOHAMMED MABROOK, THE SON OF THE PETITIONER 2025:KER:52686 WP(C) NO. 28619 OF 2024 10 EXHIBIT P13 TRUE COPY OF THE PROCEEDING NO.
RDOTIR/1438/2019/K1 DATED 17/11/2023 OF THE 2ND RESPONDENT