Kerala High Court
Rosy Lonappan vs The Revenue Divisional Officer on 30 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:56396
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 30TH DAY OF JULY 2025 / 8TH SRAVANA, 1947
WP(C) NO. 1488 OF 2025
PETITIONER:
ROSY LONAPPAN,
AGED 86 YEARS
W/O LONAPPAN, MURINGATHERY HOUSE,
ERUMAPPETTY P.O., ERUMAPPETTY,
THRISSUR DISTRICT, PIN - 680584
BY ADVS.
SHRI.ASOK KUMAR K.P.
SHRI.ABDUL HAMEED RAFI
SHRI.RAKESH S MENON
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
FIRST FLOOR,COLLECTORATE,
CIVIL STATION, AYYANTHOLE,
THRISSUR, PIN - 680003
2 THE DEPUTY COLLECTOR ( LR) & RDO,
FIRST FLOOR,COLLECTORATE, CIVIL STATION,
AYYANTHOLE,THRISSUR, PIN - 680003
3 LOCAL LEVEL MONITORING COMMITTEE,
ERUMAPPETTY GRAMAPANCHAYAT,
REPRESENTED BY ITS CONVENER & AGRICULTURAL OFFICER,
ERUMAPPETTY KRISHIBHAVAN,
THRISSUR DISTRICT, PIN - 680584
4 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN,ERUMAPPETTY,
ERUMAPPETTY P.O.,
THRISSUR DISTRICT, PIN - 680584
5 THE VILLAGE OFFICER,
KARIYANNUR VILLAGE OFFICE,
KARIYANNUR P.O., THRISSUR DISTRICT, PIN - 680584
WP(C) NO.1488 of 2025 2
2025:KER:56396
OTHER PRESENT:
GOVERNMENT PLEADER- SMT.JESSY S. SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.1488 of 2025 3
2025:KER:56396
JUDGMENT
Dated this the 30th day of July, 2025 The petitioner is the owner in possession of 8.84 Ares of land comprised in Survey No. 171/P-2 of Kariyannur Village, Kunnamkulam Taluk, Thrissur District, covered by Ext. P2 land tax receipt. Even though the petitioner's property is a 'dry land,' the respondents had erroneously classified the same as 'converted land' and included it in the data bank. Subsequently, the respondents had published an erratum notification to Ext. P3 original notification and directed the petitioner to file a Form 5 application. After that, the third respondent had cancelled Ext. P3 original notification and subsequent erratum notification. In the meantime, by Ext. P5 order, the first respondent rejected Ext. P4 application in Form 5. Ultimately, by Ext. P8 notification, the petitioner's WP(C) NO.1488 of 2025 4 2025:KER:56396 property was excluded from the data bank. To change the nature of the property, the petitioner had preferred Ext. P9 application in Form 6 under Section 27A read with Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008 ('Act and Rules' in short). Shockingly, by Ext. P10 order, the second respondent has rejected Ext. P9 application. Ext. P10 order is illegal and arbitrary. Hence, the writ petition.
3. Heard; the learned counsel for the petitioner and the learned Government Pleader.
4. The learned Government Pleader submitted that, the petitioner has an alternative statutory remedy under Section 27B of the Act to prefer an appeal against Ext. P10 order.
5. The learned counsel for the petitioner submitted that, since Ext. P10 order was passed on 04.09.2024 and there is no provision to condone the delay in filing the appeal, the appellate authority may not entertain the WP(C) NO.1488 of 2025 5 2025:KER:56396 appeal.
6. In Udayan Vasudevan v. District Collector, Thiruvananthapuram [2025 (2) KHC 103], this Court has emphatically held that, merely because there is no provision in the Act to condone the delay in filing the appeal beyond the prescribed time period, it is well within the powers of the Appellate Authority to condone the delay since it has the inherent powers to do the same.
7. In view of the alternative statutory remedy, and that there are no extraordinary circumstances to entertain this writ petition, I dismiss the writ petition, by reserving the right of the petitioner to file an appeal challenging Ext.P10 order before the appellate authority as envisaged under Section 27B of the Act. If such appeal is filed with an application to condone the delay, within four weeks from today, the appellate authority shall condone the delay and consider the appeal, in WP(C) NO.1488 of 2025 6 2025:KER:56396 accordance with law and on its merits, and as expeditiously as possible.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE mtk/30.07.25 WP(C) NO.1488 of 2025 7 2025:KER:56396 APPENDIX OF WP(C) 1488/2025 PETITIONER EXHIBITS EXHIBIT P- 1 TRUE COPY OF THE DOCUMENT NO.2032/1995 OF SUB REGISTRY OFFICE, ERUMAPPETTY, THRISSUR DISTRICT EXHIBIT P-2 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO. KL08071702006/2024 DATED 20.07.2024 EXHIBIT P- 3 TRUE COPY OF THE RELEVANT PAGES OF THE ORIGINAL NOTIFIED DATA BANK IN RESPECT OF KARIYANNUR VILLAGE EXHIBIT P-4 TRUE COPY OF THE FORM 5 APPLICATION DATED 22.06.2022 EXHIBIT P-5 TRUE COPY OF THE ORDER NO. 1451/2023 DATED 11.06.2023 EXHIBIT P-6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN BASIL V. LOCAL LEVEL MONITORING COMMITTEE [2024 (1) KHC 28] DATED 28.11.2023 EXHIBIT P-7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN MANOHARAN VS. DISTRICT COLLECTOR, KANNUR [2024 KHC ONLINE 560] EXHIBIT P-8 TRUE COPY OF THE NOTIFICATION DATED 22.04.2024 EXHIBIT P-9 TRUE COPY OF THE FORM 6 DATED 04.09.2024 EXHIBIT P- 10 TRUE COPY OF THE PRINT OUT FROM THE PORTAL OF REVENUE DEPARTMENT EXHIBIT P-11 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE GROUND REALITY OF THE LAND