Kerala High Court
Subair N.A vs District Collector on 18 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:53388
WP(C) NO. 23639 OF 2025
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. 23639 OF 2025
PETITIONER:
SUBAIR N.A
AGED 56 YEARS
S/O ABOOBACKER, NETTIKUDY HOUSE, PALLIKKARA
KUMARAPURAM P.O, ERNAKULAM DISTRICT, PIN - 683565
BY ADVS.
SRI.P.K.MOHAMED JAMEEL
SMT. SUHARABI KANNETH
SMT.SMRITHI HARRIS
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, ERNAKULAM DISTRICT, PIN - 682030
2 REVENUE DIVISIONAL OFFICER
GROUND FLOOR, PATTIMATTOM-MUVATTUPUZHA ROAD,
MUVATTUPUZHA, PIN - 686673
3 AGRICULTURAL OFFICER
KRISHIBHAVAN, KUNNATHUNADU PANCHAYATH, KRISHIBHAVAN,
PATTIMMATTOM, KUMARAPURAM, PIN - 683565
OTHER PRESENT:
SR.GP.SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:53388
WP(C) NO. 23639 OF 2025
2
Dated this the 18th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 4.45 Ares of land comprised in Survey No.298/9-5 of Kunnathunadu Village, Kunnathunadu 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 the property in the data bank. To exclude the property from the data bank, the petitioner has submitted Ext.P2 application before the 2 nd respondent on 04.12.2024, in Form 5 under Rule 4(4d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short). But, the same is not considered till date. Hence, the writ petition.
2. Heard; the learned counsel for the petitioner and the learned Government Pleader.
3. On a consideration of the facts and the materials on record, especially that Ext.P2 application is 2025:KER:53388 WP(C) NO. 23639 OF 2025 3 pending consideration before the 2nd respondent since 04.12.2024, and the same being statutory in nature, without expressing anything on the merits of the application, I allow the writ petition by ordering as follows:
(i) The 3rd respondent is directed to submit his report as provided under Rule 4(4e) of the Rules to the authorised officer within one month from the date of production of a copy of this judgment.
(ii) On receipt of the above report, the 2 nd respondent (authorized officer), after verifying the contents in the data bank by conducting inspection directly or with the help of satellite pictures prepared by the Central/State Institute of Science and Technology as envisaged under Rule 4(4f), shall consider and dispose Ext.P2 application, in accordance with law and as expeditiously as possible, at any rate, within two months from the date of receipt of the above report.
The writ petition is ordered accordingly.
SD/-
rmm/18/7/2025 C.S.DIAS, JUDGE 2025:KER:53388 WP(C) NO. 23639 OF 2025 4 APPENDIX OF WP(C) 23639/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RECEIPT OF BASIC LAND TAX DATED 23.06.2025 ISSUED BY VILLAGE OFFICE, KUNNATHUNADU Exhibit P2 A TRUE COPY OF THE APPLICATION DATED 04.12.2024 IN FORM NO.5 SUBMITTED BY PETITIONER