Kerala High Court
Afsal V vs State Of Kerala, Rep. By The Secretary on 30 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:56510
WP(C) NO. 32810 OF 2024
1
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. 32810 OF 2024
PETITIONER:
AFSAL V.,
AGED 37 YEARS
S/O VEERASAHIB A, ANUGRAHA HOUSE, ATHALOOR,
KODUNTHIRAPULLY,PIRAYIRI, PALAKKAD, PIN - 678004
BY ADVS.
SRI.K.ANAND
SHRI.AMEER SALIM
SRI.N.RAJESH (PALAKKAD)
KUM.POOJA DILIP
SMT.NANDHANA T.B.
RESPONDENTS:
1 STATE OF KERALA, REP. BY THE SECRETARY,
GOVERNMENT SECRETARIAT,DEPARTMENT OF LOCAL SELF
GOVERNMENT, THIRUVANATHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER
,PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD, PIN - 678001
3 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM, KERALA REP. BY ITS DIRECTOR, PIN
- 695033
2025:KER:56510
WP(C) NO. 32810 OF 2024
2
SMT.JESSY S.SALIM, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 30.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:56510
WP(C) NO. 32810 OF 2024
3
C.S.DIAS, J.
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WP(C) No.32810 of 2024
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Dated this the 30th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 15.05 Ares of land comprised in Re-survey No.29/2 in Piriyari Village in Palakkad Taluk, covered under Ext.P1 gift deed and Ext.P3 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.P5 order, the authorised officer has summarily 2025:KER:56510 WP(C) NO. 32810 OF 2024 4 rejected the application without either conducting a personal inspection 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 and the learned Government Pleader.
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 2025:KER:56510 WP(C) NO. 32810 OF 2024 5 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.P5 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 2025:KER:56510 WP(C) NO. 32810 OF 2024 6 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.P5 order is quashed.
(ii) The 2nd respondent/authorised officer is directed to reconsider the Form 5, in accordance with the law, by 2025:KER:56510 WP(C) NO. 32810 OF 2024 7 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 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 dkr 2025:KER:56510 WP(C) NO. 32810 OF 2024 8 APPENDIX OF WP(C) 32810/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE GIFT DEED NO. 3399/2018 DATED 31.07.2018 OF SUB REGISTRAR OFFICE PALAKKAD EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE NO. 79701385 DATED 30.07.2023 OF PIRIYARI VILLAGE OFFICE EXHIBIT P3 A TRUE COPY OF THE LAND TAX NO.
KL09052709587/2023 DATED 29.07.2023 ISSUED BY THE PIRIYARI VILLAGE OF PALAKKAD TALUK EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPHS OF THE VEGETATION AND NEARBY HOUSES OF THE PROPERTY EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 20.04.2021 IN FILE NO. RDOPKD/1027/2021-J3 OF THE 2ND RESPONDENT