Kerala High Court
L.D.Paul vs The District Collector , Thrissur ... on 7 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 31645 OF 2024 1 2025:KER:49738
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. 31645 OF 2024
PETITIONER:
L.D.PAUL,
AGED 75 YEARS
S/O DEVASSY , LAPPAKKARAN HOUSE, OLD MARKET ROAD,
IRINJALAKUDA P.O., THRISSUR DISTRICT, PIN - 680121
BY ADV SRI.RAJESH CHAKYAT
RESPONDENTS:
1 THE DISTRICT COLLECTOR , THRISSUR DISTRICT,
CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003
2 THE REVENUE DIVISIONAL OFFICER, IRINJALAKUDA,
CIVIL STATION, IRINJALAKUDA, THRISSUR DISTRICT,
PIN - 680125
3 THE LOCAL LEVEL MONITORING COMMITTEE,
IRINJALAKUDA MUNICIPALITY, REPRESENTED BY ITS
CONVENOR AGRICULTURE OFFICER, IRINJALAKUDA KRISHI
BHAVAN, IRINJALAKUDA , THRISSUR DISTRICT, PIN -
680121
4 THE VILLAGE OFFICER,
IRINJALAKUDA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT, PIN - 680121
5 THE IRINJALAKUDA MUNICIPALITY, IRINJALAKUDA,
THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, PIN
- 680121
6 ADDL.R6: AGRICULTURE OFFICER,
IRINJALAKUDA KRISHI BHAVAN, IRINJALAKUDA, THRISSUR
WP(C) NO. 31645 OF 2024 2 2025:KER:49738
DISTRICT, PIN - 680121
7 ADDL.R7: KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE,
1ST FLOOR, VIKAS BHAVAN, UNIVERSITY OF KERALA SENATE
HOUSE CAMPUS, PMG, THIRUVANANTHAPURAM, PIN - 695033,
REPRESENTED BY ITS DIRECTOR. * ADDL.R6 & ADDL.R7
ARE IMPLEADED AS PER ORDER DATED 05.02.2025 IN
I.A.1/25 IN WP(C)NO.31645/2024.
BY ADV SHRI.V.RENJU, SC, IRINJALAKUDA MUNICIPALITY
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. 31645 OF 2024 3 2025:KER:49738
C.S.DIAS, J.
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WP(C) No. 31645 OF 2024
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Dated this the 7th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 9.18 Ares of land comprised in Survey Nos.292/1-16, 292/4-6 of Irinjalakuda Village, Thrissur District, 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.P5 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.P6 order, the authorised officer has perfunctorily rejected Ext.P5 application, without inspecting the property directly or calling for satellite images as envisaged under Rule 4(4f) of the Rules. He WP(C) NO. 31645 OF 2024 4 2025:KER:49738 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, his 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. 31645 OF 2024 5 2025:KER:49738 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 Agricultural Officer, which is based on the recommendations of the Local Level Monitoring Committee (LLMC), 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 WP(C) NO. 31645 OF 2024 6 2025:KER:49738 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 2nd respondent/authorised officer is directed to reconsider Ext.P5 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.P5 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 WP(C) NO. 31645 OF 2024 7 2025:KER:49738 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 SCB.07.07.25.
WP(C) NO. 31645 OF 2024 8 2025:KER:49738 APPENDIX OF WP(C) 31645/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 05.04.2024 OF PROPERTY IN SURVEY NO.
292/1-16,292/4-6 OF IRINJALAKUDA VILLAGE Exhibit P2 A TRUE COPY OF THE DRAFT DATA BANK AND THE RECOMMENDATION ISSUED BY THE 3RD RESPONDENT ON 18.09.2019 Exhibit P3 A TRUE COPY OF THE LAND IDENTIFICATION DETAILS ISSUED BY THE 3RD RESPONDENT ON 02.04.2016 Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF DATA BANK PUBLISHED ON 19.01.2021 Exhibit P5 A TRUE COPY OF THE FORM 5 APPLICATION DATED 17/03/2023 OF THE PROPERTY IN SURVEY NO. 292/1-16,292/4-6 OF IRINJALAKUDA VILLAGE Exhibit P6 A TRUE COPY OF THE ORDER DATED 26.11.2023 BY THE 2ND RESPONDENT