Kerala High Court
Jeeshma vs The District Collector on 4 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:49258
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. 42720 OF 2023
PETITIONER:
JEESHMA,
AGED 35 YEARS
W/O. LIGEESH, THEKKEDEVASATHIL,
PARAMBATH, THALAKULATHUR,
KOZHIKODE DISTRICT, PIN - 673317
BY ADV SMT. ARYA ASHOKAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION,
WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE DISTRICT, PIN - 673020
2 THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE REVENUE DIVISIONAL OFFICE,
CIVIL STATION, WAYANAD ROAD,
ERANHIPPALAM, KOZHIKODE DISTRICT, PIN - 673020
3 THE TAHSILDAR (LR),
KOZHIKODE TALUK OFFICE, CIVIL STATION,
WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE DISTRICT, PIN - 673020
4 THE VILLAGE OFFICER,
THALAKULATHUR VILLAGE OFFICE,
PARAMBATH,THALAKULATHUR,
KOZHIKODE DISTRICT, PIN - 673317
5 THE AGRICULTURAL OFFICER,
THALAKULATHUR KRISHI BHAVAN, EDAKKARA,
KOZHIKODE DISTRICT, PIN - 673616
6 THE LOCAL LEVEL MONITORING COMMITTEE,
THALAKULATHIR GRAMA PANCHAYATH,
REPRESENTED BY ITS CONVENER/THE AGRICULTURAL OFFICER,
THALAKULATHUR KRISHI BHAVAN, EDAKKARA,
KOZHIKODE DISTRICT, PIN - 673616
WP(C) NO. 42720 OF 2023 2
2025:KER:49258
7 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
REPRESENTED BY ITS DIRECTOR,
1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE CAMPUS, PMG,
THIRUVANANTHAPURAM, PIN - 695033
STANDING COUNSEL- VISHNU S
GOVERNMENT PLEADER- 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. 42720 OF 2023 3
2025:KER:49258
JUDGMENT
Dated this the 4th day of July, 2025 The petitioner is the owner in possession of 2 Ares and 101 sq. meters of land comprised in Survey No. 43/72 in Thalakulathur Village, Kozhikode 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 'wetland' (Nanja) and included it in the data bank. To exclude the property from the data bank, the petitioner had submitted a 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. P6 order, the authorised officer has perfunctorily rejected the Form 5 application, without inspecting the property directly or calling for satellite images as envisaged under Rule 4(4f) of the Rules. He has also WP(C) NO. 42720 OF 2023 4 2025:KER:49258 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 'wetland' (Nanja). 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 WP(C) NO. 42720 OF 2023 5 2025:KER:49258 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. P6 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 Village Officer, the impugned WP(C) NO. 42720 OF 2023 6 2025:KER:49258 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. P6 order is quashed.
(ii). The second respondent/authorised officer is directed to reconsider the 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 WP(C) NO. 42720 OF 2023 7 2025:KER:49258 satellite images, he shall consider the 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.
(iv) The parties are directed to maintain status quo in respect of the property as on 12.10.2020, till a final decision is taken in the Form 5 application.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE mtk/04.07.25 WP(C) NO. 42720 OF 2023 8 2025:KER:49258 APPENDIX OF WP(C) 42720/2023 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE TAX RECEIPT NO.
KL11014807656/2023 DATED 03.07.2023. EXHIBIT-P2 TRUE COPY OF THE CERTIFICATE DATED 06.04.2010 FOR THE PERSON WITH DISABILITIES ISSUED BY THE DEPARTMENT OF HEALTH SERVICE.
EXHIBIT-P3 TRUE COPY OF THE STOP MEMO DATED 12.10.2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
EXHIBIT-P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE PUBLISHED DATA BANK OF THALAKULATHUR GRAMA PANCHAYATH DATED 11-08-2011. EXHIBIT-P5 TRUE COPY OF THE REPORT DATED 11.02.2022 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT.
EXHIBIT-P6 TRUE COPY OF THE ORDER NO. C7-36/2021
DATED 06.11.2022 ISSUED BY 2ND
RESPONDENT.
EXHIBIT-P7 TRUE COPY OF THE PHOTOGRAPHS OF THE
PROPERTY BEFORE CUTTING TREES.
EXHIBIT-P8 TRUE COPY OF THE PHOTOGRAPHS AFTER
STARTING CONSTRUCTION.