Kerala High Court
Subaida K vs The District Collector on 4 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 5190 OF 2025 1 2025:KER:49200
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
WP(C) NO. 5190 OF 2025
PETITIONER:
SUBAIDA K.,
AGED 65 YEARS
W/O. EBRAHIM C.K., CHELLIYOTTU KALATHIL, THARIODE,
THARIODE NORTH P.O., WAYANAD DISTRICT, PIN - 673575
BY ADVS.
SHRI.T.P.SAJID
SRI.K.P.MOHAMED SHAFI
SMT.SHIFA LATHEEF
SHRI.MUHAMMED HAROON A.N.
SMT.SREESHMA B. CHANDRAN
SHRI.HASHARURAHIMAN U.
SHRI.MOHEMED FAVAS
SHRI.MUHAMMED BILAL K.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
WAYANAD DISTRICT COLLECTORATE, NORTH KALPETTA P.O.,
WAYANAD DISTRICT, PIN - 673122
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER VYTHIRI
TALUK,WAYANAD DISTRICT, PIN - 673576
3 THE TAHSILDAR,
TALUK OFFICE ,VAITHRI TALUK,WAYANAD DISTRICT,
PIN - 673576
4 THE VILLAGE OFFICER,
PADINJARATHARA VILLAGE OFFICE, WAYANAD DISTRICT,
WP(C) NO. 5190 OF 2025 2 2025:KER:49200
PIN - 673122
5 THE CONVENOR,
LOCAL LEVEL MONITORING COMMITTEE AND AGRICULTURAL
OFFICER, PADINJATHARA AGRICULTURAL OFFICE, WAYANAD
DISTRICT, PIN - 673122
6 THE PRESIDENT,
PADINJARATHARA GRAMA PANCHAYATH, WAYANAD DISTRICT,
PIN - 673121
BY ADV SRI.K.MOHANAKANNAN
GP.SMT.JESSY S.SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 5190 OF 2025 3 2025:KER:49200
C.S.DIAS, J.
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WP(C) No.5190 OF 2025
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Dated this the 4th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 4 Ares and 5 Sq.meters of land comprised in Re-Survey No.372 in Block No.1 in Padinjarathara Village, Wayanad District, covered under Ext.P1 sale deed. 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.P4 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.P7 order, the authorised officer has perfunctorily rejected Ext.P4 application, without inspecting the property directly or calling for satellite images as envisaged under Rule 4(4f) of the Rules. He WP(C) NO. 5190 OF 2025 4 2025:KER:49200 has also not rendered any independent finding regarding the nature and character of the property as on 12.08.2008. Hence, Ext.P6 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 Officer to exclude a WP(C) NO. 5190 OF 2025 5 2025:KER:49200 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 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 WP(C) NO. 5190 OF 2025 6 2025:KER:49200 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.
(ii). The 2nd respondent/authorised officer is directed to reconsider Ext.P4 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.P4 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 WP(C) NO. 5190 OF 2025 7 2025:KER:49200 production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
SCB.04.07.25. C.S.DIAS, JUDGE WP(C) NO. 5190 OF 2025 8 2025:KER:49200 APPENDIX OF WP(C) 5190/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED BEARING NO.3078/I/2012 DATED 22/11/2012 Exhibit P2 TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2024-2025 DATED 11/12/2024 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 16/05/2022 IN THE NAME OF PETITIONER ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE FORM-5 APPLICATION DATED 24/06/2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE SKETCH PLAN OF THE LAND Exhibit P6 TRUE COPY OF RECORDS OF THE LAND Exhibit P7 TRUE COPY OF THE REJECTION ORDER BEARING FILE NO.12/2025 DATED 13/01/2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER