Kerala High Court
Dr. Anantharaman vs The District Collector on 18 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:53609
WP(C) NO. 44393 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 44393 OF 2024
PETITIONER:
DR. ANANTHARAMAN,
AGED 68 YEARS
S/O. K A SEETHA RAMAN, POURNAMI HOUSE, THEKKEKKARA
LANE, IRINJALAKUDA (PO), THRISSUR, PIN - 680121
BY ADVS.
SMT.FARHANA K.H.
SHRI.MUHASIN K.M.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR,
PIN - 680003
2 THE REVENUE DIVISIONAL OFFICER
IRINJALAKUDA REVENUE DIVISIONAL OFFICE, FIRST
FLOOR, CIVIL STATION, IRINJALAKUDA, THRISSUR, PIN
- 680125
3 THE DEPUTY COLLECTOR ( LA),
FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR,
PIN - 680003
4 THE TAHSILDAR,
MUKUNDAPURAM TALUK OFFICE, CHEMMANDA ROAD,
IRINJALAKUDA, THRISSUR, PIN - 680125
2025:KER:53609
WP(C) NO. 44393 OF 2024
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5 THE VILLAGE OFFICER
MANAVALASSERY VILLAGE OFFICE, IRINJALAKUDA,
THRISSUR, PIN - 680121
6 THE AGRICULTURE OFFICER,
IRINJALAKUDA KRISHI BHAVAN, IRINJALAKUDA,
THRISSUR, PIN - 680121
7 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN -
695033
SMT.PREETHA K.K., SR.GP.
SRI.VISHNU S. CHEMPAZHANTHIYIL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 18.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:53609
WP(C) NO. 44393 OF 2024
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JUDGMENT
Dated this the 18th day of July, 2025 The petitioner is the owner in possession of 4.05 Ares of land comprised in Survey No.603/2-108 in Manavalassery 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.P2 application before the 2nd respondent 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.P3 order, the authorised officer has perfunctorily rejected Ext.P2 application, without directly inspecting the property. Even though the Agricultural Officer had 2025:KER:53609 WP(C) NO. 44393 OF 2024 4 called for Ext.P4 report from the Kerala State Remote Sensing and Environment Centre (KSREC), wherein it is specifically found that the property was bordered by a pathway on the south side and was observed under scattered vegetation with plantation towards south in the data of 2008, the 2nd respondent without considering the said aspect, has rejected Ext.P2 application. Hence, Ext.P3 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 2025:KER:53609 WP(C) NO. 44393 OF 2024 5 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 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.P3 order establishes that the 2 nd respondent has not directly inspected the property. He has also not rendered any independent finding regarding the nature and character of the petitioner's property as on 2025:KER:53609 WP(C) NO. 44393 OF 2024 6 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 relying on the report of the Agricultural Officer and Ext.P4 KSREC report, he has passed the impugned order. Nevertheless, a reading of Ext.P4 report shows that the applied property was bordered by a pathway on the souther side and was observed under scattered vegetation with plantation in the data of 2008. Thus, it is prima facie evident from Ext.P4 report that the land is not suitable for paddy cultivation. The said opinion is conspicuously absent in Ext.P3 order. Nonetheless, the 2nd respondent without considering Ext.P4 report in its proper perspective, has passed the impugned Ext.P3 order. 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 2025:KER:53609 WP(C) NO. 44393 OF 2024 7 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.P3 order is quashed.
(ii). The 2nd respondent/authorised officer is directed to reconsider Ext.P2 application, in accordance with law, and as expeditiously as possible, at any rate, within three months from the date of production of a copy of this judgment. It would be upto the authorised officer to either directly inspect the property or accept the findings in Ext.P4 report while considering Ext.P2 application.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE rmm/18/7/2025 2025:KER:53609 WP(C) NO. 44393 OF 2024 8 APPENDIX OF WP(C) 44393/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 06.10.2023 Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION DATED 14.10.2023 Exhibit P3 TRUE COPY OF THE ORDER DATED 29.10.2024, ISSUED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE REPORT NO. A-172/2015/ KSREC/005621/24 OF THE KSREC DATED 24.08.2024 Exhibit P5 COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER