Kerala High Court
Surumi P vs State Of Kerala on 3 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:48742
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 12909 OF 2025
PETITIONER:
SURUMI P.,
AGED 30 YEARS
D/O SUDHEER , PARAPPURAVAN, PUNNAPPALA,
CHADANGAKULAM P.O, MALAPPURAM, PIN - 679328
BY ADVS.
SRI.MANSOOR ALI
SRI.BIJITH S.KHAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO REVENUE
DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR, MALAPPURAM,
COLLECTORATE , UP HILL,
MALAPPURAM, PIN - 676505
3 SUB- COLLECTOR, PERINTHALMANNA,
SHORNUR-PERINTHALMANNA RD,
SHANTI NAGAR, PERINTHALMANNA, KERALA, PIN - 679322
4 REVENUE DIVISIONAL OFFICER,
PERINTHAMANNA, SHORNUR- PERINTHALMANNA ROAD,
SHANTI NAGAR, PERINTHALMANNA, MALAPPURAM, PIN - 679322
5 VILLAGE OFFICER, WANDOR,
NILAMBUR THALUK, MALAPPURAM, PIN - 679328
6 THE AGRICULTURAL OFFICER,
WANDOOR, NILAMBUR THALUK,
MALAPPURAM, PIN - 679328
WP(C) NO.12909 OF 2025 2
2025:KER:48742
OTHER PRESENT:
SENIOR GOVERNMENT PLEADER- SMT.PREETHA K.K
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.12909 OF 2025 3
2025:KER:48742
JUDGMENT
Dated this the 3rd day of July, 2025 The petitioner is the owner in possession of 3.54 Ares of land comprised in Re-Survey No. 377/2-8 in Wandoor Village, Nilambur Taluk, covered under Ext. P1 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 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. P4 order, the authorised officer has perfunctorily rejected Ext. P3 application, without inspecting the property directly or calling for satellite images as envisaged under Rule 4(4f) of the Rules. He has also not rendered any independent finding WP(C) NO.12909 OF 2025 4 2025:KER:48742 regarding the nature and character of the property as on 12.08.2008. Hence, Ext.P4 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, her 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 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 WP(C) NO.12909 OF 2025 5 2025:KER:48742 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. P4 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 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 WP(C) NO.12909 OF 2025 6 2025:KER:48742 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. P4 order is quashed.
(ii). The fourth respondent/authorised officer is directed to reconsider Ext. P3 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 Ext. P3 application, in accordance with law and as expeditiously as possible, at any rate, within three WP(C) NO.12909 OF 2025 7 2025:KER:48742 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 mtk/03.07.25 WP(C) NO.12909 OF 2025 8 2025:KER:48742 APPENDIX OF WP(C) 12909/2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT HAVING NO. KL 10051906600/2024 IN RE. SURVEY NO. 377/2-8 OF WANDOOR VILLAGE IN NILAMBUR TALUK ISSUED BY THE 5TH RESPONDENT DATED 29.04.2024 EXHIBIT P2 THE TRUE COPY OF THE SETTLEMENT DEED BEARING NO. 1854/1/2022 DATED 19.3.2022 EXHIBIT P3 THE TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT HAVING NO. 7/2022/90393 DATED 14.11.2022 EXHIBIT P4 THE TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT HAVING NO 10/23/2023 DATED 24.04.2023 EXHIBIT P5 THE TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT HAVING NUMBER B3-719/24 DATED 17.01.2024 EXHIBIT P6 THE TRUE COPY OF THE ORDER HAVING NO.
631/2024 DATED 30.01.2024