Kerala High Court
Sadhikali K vs Revenue Divisional Officer on 18 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:53427
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. 31476 OF 2024
PETITIONER:
SADHIKALI K.,
AGED 62 YEARS
S/O. ABDUL HAMEED HAJI, KOLAKKADAN HOUSE,
PANNIKODE P.O., MUKKAM-VIA,
KOZHIKODE DISTRICT, PIN - 673602
BY ADVS.
SRI.BABU JOSEPH KURUVATHAZHA
SMT.ARCHANA K.S.
SHRI.MOHAMMED SHAFI.K
SHRI.NOEL EALIAS
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER,
CIVIL STATION, KOZHIKODE, PIN - 673020
2 VILLAGE OFFICER,
KAKKAD VILLAGE, KARASSERY,
MUKKAM-VIA, KOZHIKODE DISTRICT, PIN - 673602
3 LOCAL LEVEL MONITORING COMMITTEE,
KARASSERY GRAMA PANCHAYAT,
KARASSERY P.O., MUKKAM-VIA,
KOZHIKODE DISTRICT,
REPRESENTED BY ITS CONVENOR,
THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KARASSERY P.O.,
KOZHIKODE DISTRICT, PIN - 673602
4 KERALA STATE REMOTE SENSING AND ENVIRONMENT
WP(C) NO.31476 of 2024
2
2025:KER:53427
CENTRE,
VIKAS BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY
ITS DIRECTOR, PIN - 695033
5 KARASSERY GRAMA PANCHAYAT,
KARASSERY P.O., MUKKAM VIA, KOZHIKODE DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 673602
6 AGRICULTURAL OFFICER
KRISHI BHAVAN, KARASSERY, KARASSERY P.O.,
KOZHIKODE. ( IS IMPLEADED AS PER ORDER DATED
18.07.2025 IN I.A. NO. 5 OF 2025)
BY ADVS.
SHRI.PRASHANTH KUMAR G.C.
SRI.R.SUDHISH
SMT.M.MANJU
OTHER PRESENT:
SENIOR GOVERNMENT PLEADER-SMT. PREETHA K.K.,
STANDING COUNSEL - SRI.VISHNU S. CHEMPAZHANTHIYIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.31476 of 2024
3
2025:KER:53427
JUDGMENT
Dated this the 18th day of July, 2025 The petitioner is the owner in possession of 26.9712 Ares of land comprised in Re-Survey Nos. 45/1 and 45/1P in Block No. 1 of Kakkad Village, Kozhikode Taluk. 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 a Form 5 application under Rule 4(4d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short). But, by the impugned Ext. P12 order, the first respondent has perfunctorily rejected the Form 5 application, without directly inspecting the property. Even though the additional sixth respondent/Agricultural Officer had submitted a report to exclude the property from the data bank, and WP(C) NO.31476 of 2024 4 2025:KER:53427 Ext. P11 report of the Kerala State Remote Sensing and Environment Centre ('KSREC report,' for short) concluded that the applied property is under mixed vegetation in the data of 2003 and the said land pattern has continued with the building/structure in the data of 2014, 2018, and 2020, the first respondent has rejected the application. The first respondent has not rendered any independent finding regarding the nature and character of the property as on 12.08.2008. Hence, Ext. P12 order is illegal and arbitrary, and is liable to be quashed.
2. In the statement filed by the first respondent, it is stated that, the second respondent had submitted a report to exclude the petitioner's property from the data bank. But since the first respondent was not fully convinced that the entire land had been converted prior to the Kerala Conservation of Paddy Land and Wetland Act, he called for Ext. P11 KSREC report, wherein it is WP(C) NO.31476 of 2024 5 2025:KER:53427 found that the plot was under crops/paddy land with mixed vegetation on the east side in the data of 2003, and the said pattern has continued with building/structure in the data of 2014, 2018, and 2020. It was clear from the site inspection that there was no building/structure on the applied land. The building mentioned in the report is situated in the adjacent property. Therefore, the property cannot be excluded from the data bank.
3. Heard; the learned counsel for the petitioner and the learned Senior Government Pleader.
4. The petitioner's specific case is that, his property is a converted land. It is not suitable for paddy cultivation. Even though in Ext. P8 report, the Agricultural Officer has directed that the property is to be excluded from the data bank, and Ext. P11 KSREC report specifically found that the property is with mixed vegetation in the data of 2003 and there is a WP(C) NO.31476 of 2024 6 2025:KER:53427 building/structure in the data of 2014, 2018, and 2020. But, the authorised officer has rejected the Form 5 application. On the contrary, the authorised officer has stated that, even though in Ext. P11 KSREC report it is stated that there is a building, in the site inspection, it was found that the building is in the adjacent property. Therefore, he was convinced that the property cannot be excluded from the data bank.
5. A careful reading of Ext. P12 order substantiates that, the authorised officer has not directly inspected the property. On what basis he has stated in the statement that the site inspection was conducted, and by whom, is not discernible.
6. Going by Rule 4(4f) of the Rules, the authorised officer is obliged to either inspect the property in person or call for the KSREC report. So as long as the authorised officer does not conduct a direct inspection, he is obliged to accept Ext. P11 KSREC WP(C) NO.31476 of 2024 7 2025:KER:53427 report. Going by Ext. P11 KSREC report, the property is found to be with mixed vegetation in the year 2003, and there is no conclusion that the property is suitable for paddy cultivation. Similarly, in the data of 2014, it is found that there is a building/structure in the property. The notes of inspection have not adverted to Ext. P12 order.
7. 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 WP(C) NO.31476 of 2024 8 2025:KER:53427 Revenue Divisional Officer/Sub Collector, Ernakulam and others (2021 (1) KLT 433)).
8. In light of the afore stated findings and the law laid down by this Court in afore-cited decisions, and the fact that the authorised officer has not directly conducted the inspection as envisaged under rule 4(4f) of the Rules, I am convinced that Ext. P12 order has 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. P12 order is quashed.
(ii). The first respondent/authorised officer is directed to reconsider the Form 5 application, in WP(C) NO.31476 of 2024 9 2025:KER:53427 accordance with law and as expeditiously as possible, at any rate, within 90 days from the date of the production of a copy of this judgment, by either directly inspecting the property or accepting the conclusions arrived at in Ext. P11 KSREC report.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE mtk/18.07.25 WP(C) NO.31476 of 2024 10 2025:KER:53427 APPENDIX OF WP(C) 31476/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION BEARING TIN NO.32111036065 C DATED 9.5.2007, ISSUED BY THE ASSISTANT COMMISSIONER, SPECIAL CIRCLE II, COMMERCIAL TAXES, KOZHIKODE.
EXHIBIT P2 TRUE COPY OF THE LICENCE NO.277/14-15 DATED 19.11.2014 ISSUED BY THE 5TH RESPONDENT, VALID UP TO 31.03.2015. EXHIBIT P3 TRUE COPY OF THE D&O LICENCE ISSUED BY THE 5TH RESPONDENT, DATED 28.04.2015. EXHIBIT P3(A) TRUE COPY OF THE D&O LICENCE ISSUED BY THE 5TH RESPONDENT, DATED 21.05.2016. EXHIBIT P3(B) TRUE COPY OF THE D&O LICENCE ISSUED BY THE 5TH RESPONDENT, DATED 10.04.2017. EXHIBIT P3(C) TRUE COPY OF THE D&O LICENCE ISSUED BY THE 5TH RESPONDENT, DATED 16.04.2018. EXHIBIT P4 TRUE COPY OF THE LATEST CERTIFICATE DATED 19.08.2024 ISSUED BY THE 4TH RESPONDENT, REGARDING THE FUNCTIONING OF THE TIMBER STOCK YARD OF THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE SKETCH OF THE PETITIONER'S PROPERTY.
EXHIBIT P6 TRUE PHOTOGRAPHS OF THE PETITIONER'S PROPERTY, RECORDED ON 14.08.2024.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 8.2.2024 IN W.P.(C)
NO.4960/2024.
EXHIBIT P8 TRUE COPY OF THE REPORT DATED 17.01.2024
SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT. EXHIBIT P10 TRUE COPY OF THE SAID INFORMATION DATED WP(C) NO.31476 of 2024 11 2025:KER:53427 09.08.2024 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE REPORT ON LAND USE CHANGE, SUBMITTED BY THE 4TH RESPONDENT, PERTAINING TO THE PROPERTY OWNED BY THE PETITIONER COMPRISED IN SY.NOS.45/1 AND 45/1P IN KAKKAD VILLAGE.
EXHIBIT P12 TRUE COPY OF THE ORDER BEARING FILE NO.287/2024 DATED 09.08.2024 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT-P13 TRUE COPY OF PETITIONER'S PROPERTY DETAILING THE SURROUNDING PROPERTIES. EXHIBIT-P14 TRUE COPY OF THE APPLICATION MOVEMENT DETAILS OF PETITIONER'S APPLICATION DATED 1.2.2022 MAINTAINED AT THE OFFICE OF THE 1ST RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE APPLICATION IN FORM 5 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 18.12.2023.
EXHIBIT P16 TRUE COPY OF THE NOTIFICATION DATED 26.12.2019 PUBLISHED IN THE KERALA GAZETTE EXTRAORDINARY DATED 30.12.2019. EXHIBIT P17 TRUE COPY OF THE ORDER NO.1843/2024 DATED 11.8.2024 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P18 TRUE COPY OF THE ORDER BEARING FILE NO.RDOKKD/148/2022-C7 DATED 24.9.2023 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P19 TRUE COPY OF THE ORDER NO.5022/2023 DATED 11.8.2024 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P20 TRUE COPY OF THE ORDER BEARING FILE NO.2438/2023 DATED 28.6.2023 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P21 TRUE COPY OF THE ORDER NO.C2-5146/21 DATED 30.6.2022 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P22 TRUE COPY OF THE ORDER NO.C7/2965/2022 DATED 12.8.2022 ISSUED BY THE 1ST RESPONDENT.
WP(C) NO.31476 of 2024 12 2025:KER:53427 EXHIBIT P23 TRUE COPY OF THE ORDER NO.C7/3140/2021 DATED 30.11.2021 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P24 TRUE COPY OF THE ORDER NO.C7/4141/2021 DATED 27.11.2021 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P25 TRUE COPY OF THE ORDER NO.96/2024 DATED 26.2.2024 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P26 TRUE COPY OF THE ORDER NO.C4/2279/20 DATED 16.2.2021 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P27 TRUE COPY OF THE ORDER BEARING FILE NO.5021/2023 DATED 6.9.2024 ISSUED BY THE 1ST RESPONDENT.