Kerala High Court
K.P.Dennis , S/O Philip vs The Revenue Divisional Officer on 7 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 31740 OF 2024 1
2025:KER:49751
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. 31740 OF 2024
PETITIONER:
K.P.DENNIS , S/O PHILIP,
AGED 64 YEARS
KURISSINGAL HOUSE, PUTHENVETTUVAZHI, THUMBOOR
P.O.,THRISSUR DISTRICT, PIN - 680662
BY ADVS.
SHRI.ASOK KUMAR K.P.
SHRI.ABDUL HAMEED RAFI
SHRI.RAKESH S MENON
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
IRINJALAKKUDA, MINI CIVIL STATION, IRINJALAKKUDA, PIN -
680125
2 LOCAL LEVEL MONITORING COMMITTEE,
VELUKKARA GRAMA PANCHAYAT, REPRESENTED BY ITS CONVENER &
AGRICULTURAL OFFICER, VELUKKARA KRISHI BHAVAN, THRISSUR
DISTRICT, PIN - 680683
3 THE AGRICULTURAL OFFICER,
VELUKKARA, VELUKKARA P.O., THRISSUR DISTRICT, PIN -
680683
GP.SMT.DEEPA V
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. 31740 OF 2024 2
2025:KER:49751
C.S.DIAS, J.
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WP(C) No. 31740 OF 2024
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Dated this the 7th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 2.02 Ares of land comprised in Survey No.886/4-8 and 6.47 Ares of land comprised in Survey No.886/6-1 of Kottanellur Village, Mukundapuram Taluk, Thrissur District, covered under Ext.P3 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.P6 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.P7 order, the authorised officer has perfunctorily rejected Ext.P6 application, without inspecting the property directly or calling for satellite WP(C) NO. 31740 OF 2024 3 2025:KER:49751 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. Hence, Ext.P7 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 WP(C) NO. 31740 OF 2024 4 2025:KER:49751 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.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, which was 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 WP(C) NO. 31740 OF 2024 5 2025:KER:49751 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.P7 order is quashed.
(ii). The 1st respondent/authorised officer is directed to reconsider Ext.P6 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.P6 application, in accordance with law and as expeditiously as possible, at any rate, within three months from the date of the WP(C) NO. 31740 OF 2024 6 2025:KER:49751 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.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE SCB.07.07.25.
WP(C) NO. 31740 OF 2024 7
2025:KER:49751 APPENDIX OF WP(C) 31740/2024 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE DOCUMENT NO.1745/2006 DATED 12.07.2006 OF SRO, VADAKKUMKARA Exhibit P- 2 TRUE COPY OF THE CORRECTION DEED NO.
3344/2006 DATED 29.11.2006 OF SRO,
VADAKKUMKARA
Exhibit P-3 TRUE COPY OF THE RECEIPT
NO.KL08035002062/2024 DATED 15.05.2024 Exhibit P-4 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA BANK IN RESPECT OF KOTTANELLUR VILLAGE DATED 22.10.2020 Exhibit P- 5 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE GROUND REALITY OF THE LAND Exhibit P- 6 TRUE COPY OF THE APPLICATION IN FORM 5 DATED 13.10.2023 Exhibit P-7 TRUE COPY OF ORDER NO. 3588/2024 DATED 12.05.2024 OF THE 1ST RESPONDENT