Kerala High Court
R. Murali vs The Revenue Divisional Officer ... on 25 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 36118 OF 2024 1
2025:KER:54966
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
WP(C) NO. 36118 OF 2024
PETITIONERS:
1 R. MURALI,
AGED 50 YEARS
S/O. RAMANKUTTY, VALIPARAMBU HOUSE, MUNDUR,MUNDUR
P.O, PALAKKAD DISTRICT, PIN - 678592
2 R. SENTHILKUMAR,
AGED 47 YEARS
S/O. RAMANKUTTY, VALIPARAMBU HOUSE, MUNDUR,MUNDUR
P.O, PALAKKAD DISTRICT, PIN - 678592
BY ADVS.
SHRI.JACOB SEBASTIAN
SHRI.WINSTON K.V
SMT.ANU JACOB
SHRI.BHARATH KRISHNAN G.
SMT.ARUNDHATHI SURESH BABU
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER PALAKKAD,
REVENUE DIVISIONAL OFFICE, VIDYUT NAGAR,
PARAKKUNNAM P.O, PALAKKAD DISTRICT, PIN - 678001
2 THE AGRICULTURAL OFFICER FOR THE MUNDUR GRAMA
PANCHAYAT,
AGRICULTURE OFFICE, MUNDUR P.O, PALAKKAD DISTRICT,
PIN - 678592
3 THE VILLAGE OFFICER,
MUNDUR-I VILLAGE OFFICE, MUNDUR P.O, PALAKKAD
DISTRICT, PIN - 678592
WP(C) NO. 36118 OF 2024 2
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*4 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
FIRST FLOOR, VIKAS BHAVAN, UNIVERSITY OF KERALA
SENATE CAMPUS, PMG, THIRUVANANTHAPURAM, PIN-695033,
REPRESENTED BY ITS DIRECTOR
*(ADDL.RESPONDENT 4 IS IMPLEADED AS PER ORDER DATED
19-12-2024, IN IA 1/2024 IN WPC 36118/2024)
BY SMT.DEEPA V., GP
SRI.VISHNU S. CHEMPAZHANTHIYIL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 36118 OF 2024 3
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JUDGMENT
Dated this the 25th day of July, 2025 The petitioners are the co-owners in possession of 0.720 hectares of land comprised in Re-Survey No.395/4 in Re-Survey Block No.12 in Mundur-I Village, Palakkad Taluk, covered under Ext.P1 land tax receipt. The property is a converted land and is unsuitable for paddy cultivation. Nevertheless, the respondents have erroneously classified the property as 'paddy land' and included it in the data bank maintained under the Kerala Conservation of Paddy Land and Wetland Act, 2008, and the Rules framed thereunder ('Act' and 'Rules', for brevity). To exclude the property from the data bank, the petitioner had submitted a Form 5 application, under Rule 4(4d) of the Rules. However, by Ext.P4 order, the authorised officer has summarily rejected the application without personally inspecting the property. Even though WP(C) NO. 36118 OF 2024 4 2025:KER:54966 the petitioner had remitted the prescribed fee to call for the satellite pictures as envisaged under Rule 4(4f) of the Rules and the authorised officer has referred to the report in Ext.P4 order, he has not specifically considered the findings in the satellite pictures. Furthermore, the order is devoid of any independent finding regarding the nature and character of the land as it existed on 12.08.2008 -- the date the Act came into force. The impugned order, therefore, is arbitrary and unsustainable in law and liable to be quashed.
2. I have heard the learned Counsel for the petitioners and the learned Government Pleader.
3. The petitioners' principal contention is that the applied property is not a cultivable paddy field but is a converted plot. Nonetheless, the property has been incorrectly included in the data bank. Despite filing the Form 5 application, the authorised officer has rejected the same without proper consideration or application of mind. WP(C) NO. 36118 OF 2024 5
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4. It is now well-settled by a catena of judgments of this Court -- including the decisions 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 [2021 (1) KLT 433] -- that the authorised officer is obliged to assess the nature, lie and character of the land and its suitability for paddy cultivation as on 12.08.2008, which are the decisive criteria to determine whether the property is to be excluded from the data bank.
5. A reading of Ext.P4 order reveals that the authorised officer has failed to comply with the statutory requirements. It is solely relying on the report of the Agricultural Officer and purportedly the satellite pictures received under Rule 4(4f) of the Rules, the impugned order has been passed. But there is no specific finding regarding the exact nature of the land as per the report WP(C) NO. 36118 OF 2024 6 2025:KER:54966 received under Rule 4(4f) of the Rules. Instead, the authorised officer has merely acted upon the report of the Agricultural Officer without rendering any independent finding regarding the nature and character of the land as on the relevant date. There is also no finding whether the exclusion of the property would prejudicially affect the surrounding paddy fields. In light of the above findings, I hold that the impugned order was passed in contravention of the statutory mandate and the law laid down by this Court. Thus, the impugned order is vitiated due to errors of law and non-application of mind, and is liable to be quashed. Consequently, the authorised officer is to be directed to reconsider the Form 5 application as per the procedure prescribed under the law.
In the circumstances mentioned above, I allow the writ petition in the following manner:
(i) Ext.P4 order is quashed.
(ii) The 1st respondent/authorised officer is directed to reconsider the Form 5 application, in accordance WP(C) NO. 36118 OF 2024 7 2025:KER:54966 with the law, as expeditiously as possible, at any rate of within three months from the date of production of a copy of this judgment. He shall either personally inspect the property or consider the satellite pictures obtained under Rule 4(4f) of the Rules.
The writ petition is thus ordered accordingly.
Sd/-
C.S.DIAS, JUDGE NAB WP(C) NO. 36118 OF 2024 8 2025:KER:54966 APPENDIX OF WP(C) 36118/2024 PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE LAND TAX PAID RECEIPT DATED 27.08.2024 ISSUED BY THE THIRD RESPONDENT.
EXHIBIT-P2 PHOTOGRAPHS OF THE PETITIONERS' PLOT. EXHIBIT-P3 A TRUE COPY OF THE PAYMENT RECEIPT DATED 21.06.2023 FOR KSREC REPORTS.
EXHIBIT-P4 A TRUE COPY OF THE ORDER NO.4868/2024 DATED 27.07.2024 ISSUED BY THE FIRST RESPONDENT.