Kerala High Court
Aboobacker Sidhiq vs The District Collector on 1 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:47921
WP(C) NO. 13011 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
WP(C) NO. 13011 OF 2025
PETITIONER:
ABOOBACKER SIDHIQ,
AGED 50 YEARS
S/O MUHAMMED, VALIYAVEETIL, ILYASHAJI NAGAR,
AIMS PONEKKARA P.O, EDAPALLY, ERANKULAM, PIN -
682041.
BY ADVS.
SRI.V.S.MANSOOR
SRI.AKHIL BINOY
SHRI.AHAMMED MIZWAR V.P.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION KAKKANAD,
ERNAKULAM, PIN - 682030.
2 THE SUB COLLECTOR. RDO (REVENUE DIVISIONAL
OFFICER)
REVENUE DIVISIONAL OFFICE, KB JACOB ROAD, FORT
KOCHI KOCHI, ERNAKULAM, PIN - 682001.
3 THE TAHSILDAR (LAND RECORDS),
KANAYANOOR TALUK,PARK AVENUE, KOCHI, ERNAKULAM,
PIN - 682011.
2025:KER:47921
WP(C) NO. 13011 OF 2025
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4 THE VILLAGE OFFICER,
THRIKKAKARA NORTH VILLAGE, EDAPPALLY,
ERNAKULAM, PIN - 682024.
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KALAMASSERY, ERNAKULAM, PIN -
683104.
6 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL
OFFICER, KRISHI BHAVAN, KALAMASSERY, ERNAKULAM,
PIN - 683104.
SMT.PREETHA K.K., SR.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 01.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 13011 OF 2025
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JUDGMENT
Dated this the 1st day of July, 2025 The petitioner and his brother are the owners in possession of 7.19 Ares of land in Survey Nos.695/4, 695/18 and 695/19 in Thrikkakara North Village, Kanayannoor Taluk, Ernakulam, covered under Ext.P3 land tax receipt. The property is a converted land. It is not suitable for paddy cultivation. However, the respondents have erroneously classified the property as 'paddy land' and included it in the data bank. To exclude the property from the data bank, the petitioner had submitted Form-5 application under Rule 4(4d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short). But, by the impugned Ext.P7 order, the authorised officer has perfunctorily rejected Form-5 application, without inspecting the 2025:KER:47921 WP(C) NO. 13011 OF 2025 4 property directly or calling for 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. Hence, Ext.P7 order is illegal and arbitrary, and is liable to be quashed.
2. Heard; the learned counsel for the petitioner and the learned Government Pleader.
3. The petitioner's specific case is that, his 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 petitioner 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 2025:KER:47921 WP(C) NO. 13011 OF 2025 5 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 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.P7 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 2025:KER:47921 WP(C) NO. 13011 OF 2025 6 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 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.P7 order is quashed.
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WP(C) NO. 13011 OF 2025
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(ii) The 2nd respondent/authorised officer is
directed to reconsider Form-5 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 petitioner.
(iii) If the authorised officer calls for the satellite images, he shall consider Form-5 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 dkr 2025:KER:47921 WP(C) NO. 13011 OF 2025 8 APPENDIX OF WP(C) 13011/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE PHOTO COPY OF THE SALE DEED DATED 03/07/2013 EXECUTED IN FAVOR OF PETITIONERS ALONG WITH HIS BROTHER EXHIBIT P2 A TRUE PHOTO COPY OF THE RELEASE DEED DATED 29/07/2016 EXECUTED IN FAVOR OF PETITIONER AND SADIQUE V.M EXHIBIT P3 A TRUE PHOTO COPY OF THE LAND TAX RECEIPT DATED 06/09/2023 ISSUED BY THE THRIKKAKARA VILLAGE OFFICER EXHIBIT P4 A TRUE PHOTO COPY OF THE RELEVANT PAGE OF BTR IN RESPECT OF PETITIONER'S PROPERTY EXHIBIT P5 A TRUE COPY OF PHOTOGRAPHS OF PETITIONER'S PROPERTY AND ADJACENT PROPERTY EXHIBIT P6 A TRUE PHOTO COPY OF THE LAND TAX RECEIPT DATED 25/02/2025 ISSUED BY THE THRIKKAKARA VILLAGE OFFICER FOR THE SY. NOS 695/19, 695/19-4, 695/20-2, 695/22, 695/4-3, 695/4-3-3 AND 695/5 EXHIBIT P7 A TRUE COPY OF THE ORDER NO.5903/21 DATED 09/11/2024 ISSUED BY THE 2ND RESPONDENT EXHIBIT P8 A TRUE PHOTO COPY OF REPORT SUBMITTED BY THE KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE(KSREC)