Kerala High Court
Suneera Ali vs Revenue Divisional Officer on 3 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 44516 OF 2024 1
2025:KER:48712
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. 44516 OF 2024
PETITIONER:
SUNEERA ALI,
AGED 40 YEARS
W/O ALI CHINNAKKAL, CHINNAKKAL HOUSE, PATTIKKARA
DESOM, CHIRANELLUR PO, THRISSUR DT., PIN - 680501
BY ADVS.
SRI.SHOBY K.FRANCIS
SMT.AGI SHOBY
SHRI.M.A.ANZAR
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER,
OFFICE OF THE RDO, AYYANTHOLE PO, COLLECTORATE,
THRISSUR, PIN - 680003
2 DEPUTY COLLECTOR (RR)/ AUTHORIZED OFFICER,
OFFICE OF THE DEPUTY COLLECTOR, COLLECTORATE,
CIVIL STATION, AYYANTHOLE PO, THRISSUR, PIN - 680003
3 VILLAGE OFFICER,
MULLOORKARA VILLAGE, MULLOORKARA P O,
THRISSUR DISTRICT, PIN - 680583
4 LOCAL LEVEL MONITORING COMMITTEE [LLMC]-(WITHIN THE
LOCAL LIMITS OF MULLOORKARA GRAMA PANCHAYATH),
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KRISHI BHAVAN, MULLOORKARA, MULLOORKAA PO,
THRISSUR DT, PIN - 680583
WP(C) NO. 44516 OF 2024 2
2025:KER:48712
5 AGRICULTURAL OFFICER,
KRISHI BHAVAN, MULLOORKARA, MULLOORKAA PO,
THRISSUR DT, PIN - 680583
6 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
REPRESENTED BY ITS DIRECTOR, 'C' BLOCK, VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033
BY SMT.JESSY S. SALIM, GP
SRI.VISHNU S CHMPAZHANTHIYIL, SC, KSREC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
03.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 44516 OF 2024 3
2025:KER:48712
JUDGMENT
Dated this the 03rd day of July, 2025 The petitioner is the owner in possession of 2.83 Ares of land comprised in Survey No.398/5-1-8 in Mulloorkara Village, Thalappilly 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.P2 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.P3 order, the 2 nd respondent had rejected Ext.P2 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 WP(C) NO. 44516 OF 2024 4 2025:KER:48712 independent finding regarding the nature and character of the property as on 12.08.2008. Hence, Ext.P3 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. 44516 OF 2024 5 2025:KER:48712 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.P3 order substantiates 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. 44516 OF 2024 6 2025:KER:48712 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.P3 order is quashed.
(ii). The 2nd respondent/authorised officer is directed to reconsider Ext.P2 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.P2 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 WP(C) NO. 44516 OF 2024 7 2025:KER:48712 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 NAB WP(C) NO. 44516 OF 2024 8 2025:KER:48712 APPENDIX OF WP(C) 44516/2024 PETITIONER EXHIBITS EXHIBIT P-1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 18-5-2024 ISSUED BY 3RD RESPONDENT EXHIBIT P-2 A TRUE COPY OF THE FORM 5 APPLICATION DATED 19-6-2023 FOR THE EXCLUSION OF LAND COMPRISED IN SURVEY NO. 398/5-1-8 OF MULLOORKARA VILLAGE IN THALAPPILLY TALUK IN THRISSUR DISTRICT TO EXCLUDE AN EXTEND OF 2.83 ARES IE 7 CENTS OF LAND FROM THE FINALIZED DATA BANK EXHIBIT P-3 A TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT IN FILE NO. 5298 /2023 DATED 22- 6-2024