Kerala High Court
A.Vijayalekshmi vs State Of Kerala on 7 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 32299 OF 2024 1 2025:KER:49634
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 32299 OF 2024
PETITIONER:
A.VIJAYALEKSHMI,
AGED 64 YEARS
W/O GOPINATHA KURUP, SREELEKSHMI, CHERTHALA SOUTH,
ALAPPUZHA- 688539,NOW RESIDING AT DEVAYANAM, WEST
NADA,GURUVAYOOR P.O, THRISSUR, PIN - 680101
BY ADV SRI.L.RAJESH NARAYAN
RESPONDENTS:
1 STATE OF KERALA,
REP BY SECRETARY & AGRICULTURAL PRODUCTION
COMMISSIONER, DEPARTMENT OF AGRICULTURE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR,
COLLECTORATE,CIVIL STATION, KAKKANAD, ERNAKULAM, PIN
- 682030
3 VILLAGE OFFICER,
NADAMA THEKKUMBHAGOM GROUP VILLAGE OFFICE, POST
OFFICE ROAD, THRIPUNITHURA, PIN - 682301
4 REVENUE DIVISIONAL OFFICER,
RDO OFFICE, FORT KOCHI P.O, ERNAKULAM, PIN - 682001
5 AGRICULTURAL FIELD OFFICER,
KRISHI BHAVAN, MINI CIVIL STATION, TRIPUNITHURA, PIN
- 682301
WP(C) NO. 32299 OF 2024 2 2025:KER:49634
SR.GP.SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32299 OF 2024 3 2025:KER:49634
C.S.DIAS, J.
---------------------------------------
WP(C) No. 32299 OF 2024
-----------------------------------------
Dated this the 7th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 3.64 Ares of land comprised in Survey No.19/7 of Nadama Village, Kanayannur Taluk, covered under Ext.P2 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.P4 application in 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.P8 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 has also not rendered any independent WP(C) NO. 32299 OF 2024 4 2025:KER:49634 finding regarding the nature and character of the 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 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 property from the data bank (read the decisions of this WP(C) NO. 32299 OF 2024 5 2025:KER:49634 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 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 with law, after adverting to the principles of law laid down by WP(C) NO. 32299 OF 2024 6 2025:KER:49634 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 4th 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. 32299 OF 2024 7 2025:KER:49634 production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE SCB.07.07.25.
WP(C) NO. 32299 OF 2024 8 2025:KER:49634 APPENDIX OF WP(C) 32299/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.1681/I/2005 DATED 23.3.2005 OF SRO TRIPUNITHURA Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 17.8.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED 19.3.2011 ISSUED BY THE 5TH RESPONDENT Exhibit P4 TRUE COPY OF THE APPLICATION IN FORM 5 DATED NIL SUBMITTED BEFORE THE 4TH RESPONDENT Exhibit P5 FEW PHOTOGRAPHS OF THE PROPERTY Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 22.10.2019 ISSUED BY THE 5TH RESPONDENT TO THE DIRECTOR, KSREC Exhibit P7 TRUE COPY OF THE REPORT ON LANDUSE CHANGE NO.A-172/2015/KSREC/008252/19 OF THE DIRECTOR, KSREC Exhibit P8 TRUE COPY OF THE ORDER NO.K-15-15711/2022 OF THE 4TH RESPONDENT DATED 7.8.2023