Kerala High Court
Dr. Samuel K Nainan vs The District Collector on 23 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C ) No. 1457 of 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 1457 OF 2025
PETITIONERS:
1 DR. SAMUEL K NAINAN,
AGED 53 YEARS
S/O. K.S NAINAN, KOLABHAGATHU VEETTIL,
NANNUVAKADU, PATHANAMTHITTA P O,
PATHANAMTHITTA, PIN - 689645
2 DR. MAYA MATHAYI,
AGED 53 YEARS
W/O. DR. SAMUEL K NAINAN,
KOLABHAGATHU VEETTIL, NANNUVAKADU,
PATHANAMTHITTA P O,
PATHANAMTHITTA, PIN - 689645
BY ADVS.
SMT.FARHANA K.H.
SHRI.MUHASIN K.M.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
SECOND FLOOR, COLLECTORATE ROAD,
CHITTOOR, PATHANAMTHITTA, PIN - 689645
2 THE REVENUE DIVISIONAL OFFICER,
ADOOR REVENUE DIVISIONAL OFFICE,
MG ROAD, ADOOR, PATHANAMTHITTA, PIN - 691523
3 THE DEPUTY COLLECTOR (RR),
SECOND FLOOR, COLLECTORATE ROAD,
CHITTOOR, PATHANAMTHITTA, PIN - 689645
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4 THE TAHSILDAR,
KOZHENCHERRY TALUK OFFICE,
GROUND FLOOR, MINI CIVIL STATION,
KOZHENCHERRY, THIRUVALLA-KUMBAZHA HIGHWAY,
PATHANAMTHITTA, PIN - 689645
5 THE VILLAGE OFFICER,
PATHANAMTHITTA VILLAGE OFFICE,
COLLECTORATE ROAD, CHITTOOR,
PATHANAMTHITTA, PIN - 689645
6 THE AGRICULTURE OFFICER,
PATHANAMTHITTA KRISHI BHAVAN,
KALLARAKADAVU ROAD, CHUTTIPPARA,
PATHANAMTHITTA, PIN - 689645
7 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033
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 23.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
Dated this the 23rd day of July, 2025 The petitioners are the owners in possession of 20.84 Ares of land comprised in Survey Nos. 262/4-36- 1, 262/4-36-2-1, 262/4-7-1, 262/4-7-3, 262/4-8, 262/4-8- 1 and 316/1-2-1 in Pathanamthitta Village, Kozhenchery Taluk, covered under Ext. P1 land tax receipt. Out of the above extent, 12.13 Ares of land have been erroneously classified by the respondents as 'paddy land' and included it in the data bank. To exclude the property from the data bank, the petitioners had submitted Ext. P2 application 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 third respondent has perfunctorily rejected Ext. P2 application, without inspecting the property directly or calling for satellite images as envisaged under Rule 4(4f) of the Rules. WP(C ) No. 1457 of 2025 4
2025:KER:54675 He has also not rendered any independent finding regarding the nature and character of the property as on 12.08.2008. Hence, Ext. P3 order is illegal and arbitrary, and is liable to be quashed.
2. Heard; the learned counsel for the petitioners and the learned Government Pleader.
3. The petitioners' specific case is that, their 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 petitioners 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 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 WP(C ) No. 1457 of 2025 5 2025:KER:54675 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 authorised officer has not directly inspected the property or called for the satellite images as envisaged under Rule 4(4f) of the Rules. He has also not rendered any independent finding regarding the nature and character of the property as on 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 solely relying on the report of the Agricultural Officer, the WP(C ) No. 1457 of 2025 6 2025:KER:54675 impugned order has been passed. 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 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 third respondent/authorised officer is directed to reconsider Ext. P2 application, in accordance with law. It would be up to the authorised officer to either directly inspect the property or call for satellite images, as per the procedure provided under Rule 4(4f), at the expense of the petitioners.WP(C ) No. 1457 of 2025 7
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(iii) If the authorised officer calls for the satellite images, he shall consider Ext. P2 application, in accordance with law and as expeditiously as possible, at any rate, within three months from the date of the receipt of the satellite images. In case he directly inspects the property, he shall dispose of the application within two months from the date of production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE mtk/23.07.25 WP(C ) No. 1457 of 2025 8 2025:KER:54675 APPENDIX OF WP(C) 1457/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 06.02.2024 EXHIBIT P2 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 25.04.2024 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 17.11.2024 ISSUED BY 3RD RESPONDENT EXHIBIT P4 COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER