Kerala High Court
Sherbin Kurian vs The District Collector on 18 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:53384
WP(C) NO. 23659 OF 2025
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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. 23659 OF 2025
PETITIONER:
SHERBIN KURIAN
AGED 56 YEARS
W/O. BABY T R, THALIYAPARAMBIL HOUSE, NEAR
VARAKKARA TEMPLE, AMMUKKULAM ROAD, VARANDARAPPILLY
P.O., THRISSUR, PIN - 680303
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, MINI CIVIL
STATION, CHEMMANDA ROAD, IRINJALAKUDA, THRISSUR,
PIN - 680125
3 THE TAHSILDAR
CHALAKUDY TALUK OFFICE, MUNICIPAL TOWN HALL
COMPLEX, MAIN ROAD, OLD HWY, CHALAKUDY, THRISSUR,
PIN - 680307
4 THE AGRICULTURAL OFFICER
VARANDARAPPILLY KRISHI BHAVAN, NANDIPULAM,
VARANDARAPPILLY, THRISSUR, PIN - 680312
2025:KER:53384
WP(C) NO. 23659 OF 2025
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5 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN -
695033
OTHER PRESENT:
SR.GP.SMT.VIDYA KURIAKOSE,
SC-SRI.VISHNU S. CHEMPAZHANTIYIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:53384
WP(C) NO. 23659 OF 2025
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Dated this the 18th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 24.39 Ares of land, out of which 3.34 Ares of land comprised in Survey No.481/1-23 of Varanthrappilly Village, Chalakkudy Taluk and covered under Ext.P1 land tax receipt, is a converted land. It is not suitable for paddy cultivation. However, the respondents have erroneously classified the property as 'Nilam' and included the property in the data bank. To exclude the property from the data bank, the petitioner has submitted Ext.P3 application before the 2nd respondent on 23.05.2025, 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 2025:KER:53384 WP(C) NO. 23659 OF 2025 4 petitioner and the learned Government Pleader.
3. On a consideration of the facts and the materials on record, especially that Ext.P3 application is pending consideration before the 2nd respondent since 23.05.2025, 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 4th respondent is directed to submit his report as provided under Rule 4(4e) of the Rules to the authorised officer within two months from the date of production of a copy of this judgment.
(ii) On receipt of the above report, the 2nd 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.P3 application, in accordance with law and as expeditiously 2025:KER:53384 WP(C) NO. 23659 OF 2025 5 as possible, at any rate, within two months from the date of receipt of the above report.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE rmm/18/7/2025 2025:KER:53384 WP(C) NO. 23659 OF 2025 6 APPENDIX OF WP(C) 23659/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 21.05.2025 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF PUBLISHED DATA BANK OF VARANDARAPPILLY GRAMA PANCHAYATH DATED 27.01.2021 Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 23.05.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT DATED 23.05.2025 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION