Kerala High Court
Shamsu Muhammedkutty vs Revenue Divisional Officer on 25 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 19002 OF 2024 1
2025:KER:54968
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. 19002 OF 2024
PETITIONER:
SHAMSU MUHAMMEDKUTTY,
AGED 49 YEARS, S/O. MUHAMED KUTTY, KODUMTHARAPPILLY,
NAVAICODE, PIRAYIRI, PALAKKAD DISTRICT, PIN - 678004
BY ADV SRI.P.R.VENKATESH
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER,
OFFICE OF THE RDO, CIVIL STATION, PALAKKAD,
PIN - 678001
2 AGRICULTURAL OFFICER,
KRISHIBHAVAN, PERUVAMBA, PALAKKAD DISTRICT,
PIN - 678501
3 SECRETARY,
PERUVEMBA GRAMA PANCHAYAT, PERUVAMBA,
PALAKKAD DISTRICT, PIN - 678501
4 TAHSILDAR,
TALUK OFFICE, PALAKKAD DISTRICT, PIN - 678001
5 VILLAGE OFFICER,
PERUVAMBA, PALAKKAD DISTRICT, PIN - 678501
6 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY THE CONVENER, AGRICULTURAL OFFICER,
KRISHIBHAVAN, PERUVAMBA, PALAKKAD DISTRICT,
PIN - 678703
BY ADV SHRI.R.RAJPRADEEP, SC
SMT.DEEPA V. GP
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. 19002 OF 2024 2
2025:KER:54968
JUDGMENT
Dated this the 25th day of July, 2025 The petitioner and his wife are the co-owners in possession of 10 cents of land comprised in Re-Survey No.93/3 in Block No.49 in Peruvamba Village, Palakkad Taluk, covered under Ext.P1 assignment deed and Ext.P4 possession certificate. 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 Ext.P5 application in Form 5, under Rule 4(4d) of the Rules. However, by Ext.P6 order, the authorised officer has summarily rejected the application without either conducting a personal inspection WP(C) NO. 19002 OF 2024 3 2025:KER:54968 of the land or calling for the satellite pictures as mandated under Rule 4(4f) of the Rules. 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 petitioner, the learned Government Pleader and the learned Standing Counsel appearing for the 3rd respondent.
3. The petitioner's 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.
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 WP(C) NO. 19002 OF 2024 4 2025:KER:54968 [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.P6 order reveals that the authorised officer has failed to comply with the statutory requirements. There is no indication in the order that the authorised officer has personally inspected the property or called for the satellite pictures as mandated 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 WP(C) NO. 19002 OF 2024 5 2025:KER:54968 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.P6 order is quashed.
(ii) The 1st respondent/authorised officer is directed to reconsider the Form 5 application, in accordance with the law, by either conducting a personal inspection of the property or calling for the satellite pictures as provided under Rule 4(4f) of the Rules, at the cost of the petitioner.
(iii) If satellite pictures are called for, the application shall be disposed of within three months from the date WP(C) NO. 19002 OF 2024 6 2025:KER:54968 of receipt of such pictures. On the other hand, if the authorised officer opts to inspect the property personally, the application shall be disposed of within two months from the date of production of a copy of this judgment by the petitioner.
The writ petition is thus ordered accordingly.
Sd/-
C.S.DIAS, JUDGE NAB WP(C) NO. 19002 OF 2024 7 2025:KER:54968 APPENDIX OF WP(C) 19002/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF REGISTERED JENMOM ASSIGNMENT DEED NO.1610/1/2012 DATED 26.05.2012 OF SRO, KODUVAYUR EXHIBIT P2 TRUE COPY OF SKETCH ISSUED ON 11.10.2020 EXHIBIT P3 TRUE COPY OF TANDAPER ACCOUNT NO. 5447 DATED 11.11.2020 EXHIBIT P4 TRUE COPY OF POSSESSION CERTIFICATE DATED 2.5.2024 EXHIBIT P5 TRUE COPY OF FORM 5 APPLICATION DATED 16.11.2020 FILED BY THE PETITIONER EXHIBIT P6 TRUE COPY OF ORDER DATED 25.08.2022 OF RDO REJECTING APPLICATION EXHIBIT P7 FEW PHOTOGRAPHS OF THE LAND SURROUNDING THE PROPERTY