Kerala High Court
Vaheedudeen K.A vs State Of Kerala on 1 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 18605 OF 2025 1
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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. 18605 OF 2025
PETITIONERS:
1 VAHEEDUDEEN K.A
AGED 55 YEARS
S/O ABDUL RAHIM K.M., KARUPPAM VEEDU,
THAIKKATTUKARA P.O., ALUVA, ERNAKULAM, PIN - 683106
2 MUHAMMAD SELMAN
AGED 54 YEARS
S/O ABDUL RAHIM K.M., KARUPPAM VEEDU,
THAIKKATTUKARA P.O., ALUVA, ERNAKULAM, PIN - 683106
BY ADVS.
SHRI.LAL K.JOSEPH
SRI.P.MURALEEDHARAN (THURAVOOR)
SMT.T.A.LUXY
SHRI.SURESH SUKUMAR
SRI.ANZIL SALIM
SHRI.SANJAY SELLEN
SMT.SONIA SHIBU
SHRI.MUHAMMED YAHIYA
SMT.AMJANA MUMTHAZ P.
SHRI.AKHIL RAJ R.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DISTRICT COLLECTOR
ERNAKULAM, COLLECTORATE, KAKKANAD,
ERNAKULAM,, PIN - 682030
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3 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FIRST FLOOR,
K B JACOB ROAD, FORT KOCHI, KOCHI, ERNAKULAM,
PIN - 682001
4 THE CHAIRMAN
LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED UNDER
THE PROVISIONS OF KERALA CONSERVATION OF PADDY LAND
& WET LAND ACT, CHOORNIKKARA GRAMA PANCHAYATH,
THAIKKATTUKARA P.O., ALUVA, ERNAKULAM,
PIN - 683106
5 THE AGRICULTURAL OFFICER
CONVENER, LOCAL LEVEL MONITORING COMMITTEE
CONSTITUTED UNDER THE PROVISIONS OF KERALA
CONSERVATION OF PADDY LAND & WET LAND ACT,
KRISHI BHAVAN, CHOORNIKKARA, ALUVA, ERNAKULAM,
PIN - 683106
6 VILLAGE OFFICER
CHOORNIKKARA VILLAGE OFFICE, THAIKKATTUKARA P.O.,
ALUVA, ERNAKULAM,, PIN - 683106
7 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
(KSRSEC), VIKAS BHAVAN, THIRUVANANTHAPURAM,,
PIN - 695033
BY SMT.VIDYA KURIAKOSE, SR.GP
SRI. VISHNU S. CHEMPAZHANTHIYIL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
Dated this the 01st day of July, 2025 The petitioners are the co-owners in possession of 18.77 Ares of land comprised in Survey Nos.138/5 and 138/5-2-2 in Block No.34 in Choornikkara Village, Aluva Taluk, covered under Exts.P1(a) and P2(a) land tax receipts. 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 petitioners had submitted Ext.P3 application in Form 5 under Rule 4(4d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short). But, by the impugned Ext.P8 order, the authorised officer has perfunctorily rejected Ext.P3 application, by observing that as per Ext.P5 report of the Kerala State Remote Sensing and Environment Centre (KSREC) the petitioners' property is a fallow land. The WP(C) NO. 18605 OF 2025 4 2025:KER:47675 Local Level Monitoring Committee (LLMC) has recommended not to exclude the property from the data bank. The 3rd respondent has not rendered any independent finding regarding the nature and character of the petitioners' property as on 12.08.2008. Hence, Ext.P8 order is illegal and arbitrary, and is liable to be quashed.
2. Heard; the learned counsel for the petitioners and the learned Senior Government Pleader.
3. The petitioners' specific case is that, their property is a converted land. It is not suitable for paddy cultivation. But, the respondents have erroneously classified the property as paddy land and included it in the data bank. Even though the petitioners had submitted a Form 5 application, to exclude the property from the data bank, the same has been rejected by the 3 rd respondent without any application of mind.
4. In a host of judicial pronouncements, this Court has emphatically held that, it is the nature, lie, WP(C) NO. 18605 OF 2025 5 2025:KER:47675 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.P8 order substantiates that the authorised officer has not directly inspected the property. Instead he has called for Ext.P5 KSREC report. A reading of Ext.P5 substantiates that the property was observed as a fallow land in the data of 2008. The said pattern has continued in the data of 2011, 2016 and 2021. The 3rd respondent has also relied on the recommendations of the LLMC.
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6. In Mather Nagar Residents Association and Another v. District Collector, Ernakulam others (2020 (2) KHC 94), a Division Bench of this Court has held that, merely because a property is lying fallow and water gets logged during rainy season or otherwise, due to the low lying nature of the property, it cannot be treated as wetland or paddy land in contemplation of Act, 2008. A similar view has been taken by this Court in Aparna Sasi Menon v. Revenue Divisional Officer, Irinjalakuda, (2023 (6) KHC 83), holding that the prime consideration to retain a property in data bank is to ascertain whether paddy cultivation is possible in the land.
7. In Rasheed C v. Revenue Divisional Officer/Sub Collector (2025 KHC 1666), this Court has succinctly held that, a Form 5 application cannot be considered on the basis of the observations of the LLMC, since the said procedure is not contemplated under the Rules. The Rules only provide to call for a report from WP(C) NO. 18605 OF 2025 7 2025:KER:47675 the Agricultural Officer or to get a scientific report from the KSREC.
8. Ext.P8 order also substantiates that, the 3rd respondent has not rendered 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. 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.P8 order is quashed.
(ii). The 3rd respondent/authorised officer is directed to reconsider Ext.P3 application, in WP(C) NO. 18605 OF 2025 8 2025:KER:47675 accordance with law, and as expeditiously as possible, at any rate, within three months from the date of production of a copy of this judgment. It would be upto the petitioners to submit a copy of the writ petition along with the copy of the judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE NAB WP(C) NO. 18605 OF 2025 9 2025:KER:47675 APPENDIX OF WP(C) 18605/2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE SALE DEED NO.2974/2004 DATED 18/06/2004 OF SRO, ALUVA EXHIBIT P1(a) THE TRUE COPY OF THE LAND TAX PAYMENT RECEIPT OF LAND IN RE.SY.NO.135/5 DATED 23/05/2024 ISSUED BY THE 6TH RESPONDENT. EXHIBIT P2 THE TRUE COPY OF THE SALE DEED NO.529/2014 DATED 31/01/2014 OF SRO, ALUVA EXHIBIT P2(a) THE TRUE COPY OF THE LAND TAX PAYMENT RECEIPT OF LAND COMPRISED IN RE.SY.NO.135/5-2-2 DATED 23/05/2024 ISSUED BY THE 6TH RESPONDENT EXHIBIT P3 THE TRUE COPY OF THE FORM NO.5 APPLICATION FILED UNDER THE KERALA CONSERVATION OF PADDY LAND AND WETLAND RULES 2008 DATED 28/01/2021 BEFORE THE 3RD RESPONDENT BY THE PETITIONERS. EXHIBIT P4 THE TRUE COPY OF THE UNDATED LETTER ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT ALONG WITH MINUTES OF THE LLMC MEETING (CONDUCTED ON 18/06/2022 AND 25/10/2022) BY THE 4TH RESPONDENT IN THE PRESENCE OF 5TH RESPONDENT EXHIBIT P5 THE TRUE COPY OF SURVEY PLOT GEO-
REFERENCED WITH SATELLITE DATA DATED 30/07/2022 ISSUED BY THE 7TH RESPONDENT TO THE 5TH RESPONDENT EXHIBIT P6 THE TRUE COPY OF THE UNDATED SUMMARIZED LLMC DECISION TAKEN BY THE 4TH RESPONDENT AND FORWARDED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT EXHIBIT P7 THE TRUE COPY OF THE UNDATED REPORT SUBMITTED BY THE 5TH RESPONDENT IN PRESCRIBED STATUTORY FORMAT UNDER THE ACT AND RULES OF 2008 IN RESPECT OF THE PROPERTY COVERED BY EXT.P1 AND P2 TITLE DEEDS EXHIBIT P8 THE TRUE COPY OF THE ORDER NO.K-
28/16664/2022 DATED 16/08/2023 PASSED BY THE 3RD RESPONDENT REJECTING THE EXT.P3 APPLICATION OF THE PETITIONERS WP(C) NO. 18605 OF 2025 10 2025:KER:47675 EXHIBIT P9 THE TRUE COPY OF THE PHOTOGRAPHS REVEALING THE NATURE OF THE PROPERTY COVERED BY EXT.P1 AND P2 AFTER THE WEEDS ARE CUT (7 NOS.)