Kerala High Court
Nalini M.C vs The District Collector on 17 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 17106 OF 2025 1
2025:KER:52912
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
WP(C) NO. 17106 OF 2025
PETITIONER:
NALINI M.C
AGED 53 YEARS
C/O. M.C VANIKUMAR, RESIDING AT URBANRISE REVOLUTION
ONE, F BLOCK, FLAT NO. 1112, PADUR, KANCHEEPURAM,
TAMILNADU, PIN - 603103
BY ADV SHRI.BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE MALAPPURAM, COLLECTORATE ROAD, UP HILL,
MALAPPURAM DISTRICT, PIN - 676505
2 THE REVENUE DIVISIONAL OFFICER
PERINTHALMANNA REVENUE DIVISIONAL OFFICE,
SHORNUR-PERINTHALMANNA ROAD, SHANTI NAGAR,
PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322
3 THE DEPUTY COLLECTOR (DM)
COLLECTORATE MALAPPURAM, COLLECTORATE ROAD,
UP HILL, MALAPPURAM DISTRICT, PIN - 676505
4 THE THAHSILDAR (LR)
NILAMBUR TALUK OFFICE, NILAMBUR, MALAPPURAM
DISTRICT, PIN - 679329
5 THE VILLAGE OFFICER
NILAMBUR VILLAGE OFFICE, NILAMBUR, MALAPPURAM
DISTRICT, PIN - 679329
WP(C) NO. 17106 OF 2025 2
2025:KER:52912
6 THE AGRICULTURAL OFFICER
NILAMBUR KRISHI BHAVAN, NILAMBUR, MALAPPURAM
DISTRICT, PIN - 679329
7 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
(KSREC)
1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR,
PIN - 695033
BY SMT.DEEPA V, GP
SRI.VISHNU S CHEMPAZHANTHIYIL, SC, KSREC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17106 OF 2025 3
2025:KER:52912
JUDGMENT
Dated this the 17th day of July, 2025 The petitioner is the owner in possession of 7 Ares of land comprised in Survey No.145/1-7 in Nilambur Village, Nilambur 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.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.P5 order, the authorised officer has perfunctorily rejected Ext.P3 application, without inspecting the property directly or calling for satellite images as envisaged under Rule 4(4f) of the Rules. He WP(C) NO. 17106 OF 2025 4 2025:KER:52912 has also not rendered any independent finding regarding the nature and character of the property as on 12.08.2008. Hence, Ext.P5 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, her 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. 17106 OF 2025 5 2025:KER:52912 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.P5 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 authorised officer be WP(C) NO. 17106 OF 2025 6 2025:KER:52912 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.P5 order is quashed.
(ii). The 2nd respondent/authorised officer is directed to reconsider Ext.P3 application, 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.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 WP(C) NO. 17106 OF 2025 7 2025:KER:52912 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. 17106 OF 2025 8 2025:KER:52912 APPENDIX OF WP(C) 17106/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT BEARING NO.
KL10051203544/2024 DATED 03.04.2024 EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE PUBLISHED DATA BANK OF NILAMBUR MUNICIPALITY BEARING NO. K.B.N.B.R04/2020 DATED 21.01.2021 EXHIBIT P3 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 16.05.2024 EXHIBIT P4 TRUE COPY OF THE REPORT SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT/3RD RESPONDENT DATED 07.11.2024 EXHIBIT P5 TRUE COPY OF ORDER ISSUED BY THE 3RD RESPONDENT DATED 01.01.2025 BEARING FILE NO.559/2024 EXHIBIT P6 TRUE COPY OF PHOTOGRAPHS OF THE SUBJECT PROPERTY OF THE PETITIONER