Kerala High Court
Rahmathulla M.T vs The District Collector on 18 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 38116 OF 2024
1
2025:KER:53720
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. 38116 OF 2024
PETITIONER/S:
RAHMATHULLA M.T.,
AGED 60 YEARS
S/O. HAMZA M.T, RESIDING AT MOOCHITHODAN, KUTTIKKAD
EDAKKARA, MOOTHEDAM, MALAPPURAM DISTRICT, PIN - 679331
BY ADV SMT. ARYA ASHOKAN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
CIVIL STATION KOZHIKODE, WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE DISTRICT, PIN - 673020
2 THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION
KOZHIKODE, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE
DISTRICT, PIN - 673020
3 THE DEPUTY COLLECTOR (RR),
CIVIL STATION KOZHIKODE, WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE DISTRICT, PIN - 673020
4 THE THAHSILDAR,
KOZHIKODE TALUK OFFICE, CIVIL STATION KOZHIKODE,
WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE DISTRICT, PIN -
673020
5 THE VILLAGE OFFICER,
PERUVAYAL VILLAGE OFFICE, PERUVAYAL, POOVATTUPARAMBA
P.O, KOZHIKODE DISTRICT, PIN - 673008
6 THE AGRICULTURAL OFFICER,
PERUVAYAL KRISHI BHAVAN, POOVATTUPARAMBA P.O, KOZHIKODE
DISTRICT, PIN - 673008
WP(C) NO. 38116 OF 2024
2
2025:KER:53720
OTHER PRESENT:
SR.GP.SMT.PREETHA K.K
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. 38116 OF 2024
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2025:KER:53720
C.S.DIAS, J.
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WP(C) No.38116 OF 2025
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Dated this the 18th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 1 Ares 59.8 Sq. Mt. of land, comprised in Survey No.20/20 in Peruvayal Village, Kozhikode 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 'reclaimed property' and included it in the data bank. To exclude the property from the data bank, the petitioner has submitted Ext.P3 application before the 2nd respondent on 23.09.2021, 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.P3 application is WP(C) NO. 38116 OF 2024 4 2025:KER:53720 pending consideration before the 2nd respondent since 23.09.2021, 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 jurisdictional Agricultural Officer is directed to submit his report as provided under Rule 4(4e) of the Rules to the 3rd respondent/authorised officer within one month from the date of production of a copy of this judgment.
(ii) On receipt of the above report, the 3rd 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.P5 application, in accordance with law and as expeditiously as possible, at any rate, within one month from the date of receipt of the above report.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE rkc/18.07.25 WP(C) NO. 38116 OF 2024 5 2025:KER:53720 APPENDIX OF WP(C) 38116/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE BASIC TAX RECEIPT BEARING NO. KL11014110083/2021 DATED 21-09-2021 Exhibit-P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE PUBLISHED DATA BANK OF PERUVAYAL GRAMA PANCHAYATH BEARING NO. A4-24006/11 DATED 17- 11-2011 Exhibit-P3 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 23-09-2021