Kerala High Court
J. M.Anees Muhammed vs The Revenue Divisional Officer/Sub ... on 8 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:49958
WP(C) NO. 13251 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
WP(C) NO. 13251 OF 2024
PETITIONER:
J. M.ANEES MUHAMMED,
AGED 49 YEARS
S/O.LATE K. J. MUHAMMED JOURIATHU HOUSE,
KANIYAPILLI ROAD, VENNALA, PIN - 682028
BY ADVS.
SMT.M.A.VAHEEDA BABU
SRI.BABU KARUKAPADATH
SHRI.P.U.VINOD KUMAR
SMT.ARYA RAGHUNATH
SHRI.KARUKAPADATH WAZIM BABU
SMT.P.LAKSHMI
SMT.AYSHA E.M.
SMT.SHIFANA KAISE
SHRI.DENNIS BIJU
SHRI.ABUASIL A.K.
SHRI.SHAWN JOHNSON
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE, FIRST FLOOR, KB JACOB
RD, FORT KOCHI, KOCHI, KERALA, PIN - 682001
2 THE AGRICULTURAL OFFICER,
1ST FLOOR, KOCHI CORPORATION VYTTILA SHOPPING
2025:KER:49958
WP(C) NO. 13251 OF 2024
2
COMPLEX, WEST SIDE OF VYTTILA JUNCTION, SA ROAD,
MAHAKAVI VAILOPPILLI RD, KOCHI, PIN - 682019
3 THE VILLAGE OFFICER,
POONITHURA VILLAGE OFFICE, POONITHRUA P. O.,
ERNAKULAM DISTRICT, PIN - 682019
4 THE TAHSILDAR,
KANAYANNUR TALUK, PARK AVENUE, NEAR SUBHASH PARK,
MARINE DRIVE, KOCHI, PIN - 682011
SR.GP. SMT. VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:49958
WP(C) NO. 13251 OF 2024
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JUDGMENT
Dated this the 8th day of July, 2025 The writ petition is filed to quash Ext.P8 order and direct the 1st respondent to exclude the petitioner's property from Ext.P4 data bank.
2. The petitioner is the owner in possession of 8.43 Ares of land comprised in Survey No.312/2-2 in Poonithura Village, Kanayannur Taluk, covered under Ext.P1 possession certificate. The petitioner's property is a pucca garden land. But, the respondents have erroneously classified the property as 'converted land' in Ext.P4 data bank and as 'Nilam' in the revenue records. Consequently, the petitioner was constrained to file Ext.P6 application in Form 5 under Rule 4(4d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short). Nonetheless, by the impugned 2025:KER:49958 WP(C) NO. 13251 OF 2024 4 Ext.P8 order, the 1st respondent has perfunctorily rejected Ext.P6 application. Ext.P8 order is illegal and arbitrary.
3. The 3rd respondent in his statement has stated that, the petitioner's property has been included in the data bank as 'converted before 2008'. However, the property is marshy and water-logged. During the rainy season, the water from nearby locations flow to the said property and it becomes a pond, having a depth of one meter. On 14.02.2023, the petitioner had made an unlawful attempt to convert the property by dumping waste materials. Consequently, a stop memo was issued to him. The petitioner has converted half the portion of land into converted purayidam. The unlawful activity has destroyed the rain water storage facility in the locality. It is in the said circumstances that Ext.P8 order has been passed.
2025:KER:49958 WP(C) NO. 13251 OF 2024 5
4. The petitioner has refuted the said allegations in his reply affidavit.
5. Heard; the learned counsel for the petitioner and the learned Senior Government Pleader.
6. It is not in dispute that the petitioner's property has been classified as converted land in Ext.P4 data bank.
7. The provisions of the Kerala Conservation of Paddy land and Wetland Act gets attracted only if a property is classified in the data bank either as a 'paddy land' or 'wetland'. As long as the property is not classified under the above two categories in the data bank, the provisions of the Act does not get attracted.
8. In Line Properties Pvt. Ltd vs. the Revenue Divisional Officer, Ernakulam (2025 (2) KLT 348), this Court has succinctly held that, there is no necessity to even file a Form 5 application when the property is 2025:KER:49958 WP(C) NO. 13251 OF 2024 6 classified as converted land in the data bank. The competent authorities are bound to exclude the property from the data bank on a mere application filed by the parties.
9. In light of the above categoric declaration of law and taking into consideration that the petitioner's property is classified as converted land in the data bank, I hold that Ext.P8 order is passed without any application of mind and the first respondent be directed to reconsider Ext.P6 application in light of the law laid down in the aforecited decision.
In the aforesaid circumstances, I allow the writ petition in the following manner:
(i) Ext.P8 order is quashed.
(ii) The first respondent/authorised officer is directed to re-consider Ext.P6 application in accordance with law and after adverting to the law laid down by this 2025:KER:49958 WP(C) NO. 13251 OF 2024 7 Court in Line Properties Pvt. Ltd's case(supra). The above exercise shall be completed within two months from the date of production of a copy of this judgment.
SD/-
C.S.DIAS, JUDGE rmm/8/7/2025 2025:KER:49958 WP(C) NO. 13251 OF 2024 8 APPENDIX OF WP(C) 13251/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 20/07/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER WITH RESPECT OF HIS 8.43 ARES.
Exhibit P2 A TRUE COPY OF THE LOCATION PLAN CERTIFICATE DATED 26/07/2022 ISSUED BY THE 3RD RESPONDENT ALONG WITH EXHIBIT P1. Exhibit P3 TRUE COPIES OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER Exhibit P4 A TRUE COPY OF THE RELEVANT PORTION OF THE DATA BANK DATED 22/02/2021 PUBLISHED BY KOCHI MUNICIPAL CORPORATION, INCLUDING THE PROPERTY OF THE PETITIONER SITUATED IN SURVEY NO.312/2-2 OF POONITHURA VILLAGE AS ‘CONVERTED BEFORE 2008. Exhibit P5 A TRUE COPY OF THE LAND TAX RECEIPT DATED 02/07/2022 WITH RESPECT TO THE PROPERTY COVERED BY EXHIBIT P1WRONGLY DESCRIBING THE PROPERTY AS NILAM.
Exhibit P6 . A TRUE COPY OF THE APPLICATION DATED 19/12/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN FORM 5, FOR REMOVING THE PROPERTY INCLUDED AS ‘CONVERTED BEFORE 2008' FROM EXHIBIT P4 DATA BANK ALONG WITH ITS RECEIPT SHOWING PAYMENT OF THE REQUIRED FEE.
Exhibit P7 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 29/03/2023 IN WP(C)NO.11062/2023.
Exhibit P8 A TRUE COPY OF THE ORDER DATED11/02/2024, ISSUED BY THE 1ST RESPONDENT REJECTING EXHIBIT P6 FORM 5 APPLICATION.
Exhibit P9 . A TRUE COPY OF THE KSREC REPORT DATED 05/12/2023.
Exhibit P10 A TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 20/12/2023.
2025:KER:49958 WP(C) NO. 13251 OF 2024 9 Exhibit P11 A true copy of the relevant portion of the Petition filed by the 1st respondent on 17/08/2023 praying to exempt from personal appearance, tendering his apology Exhibit P12 A TRUE COPY OF THE LAND TAX RECEIPT DATED 26/06/2025 OF THE PROPERTY SITUATED IN SURVEY NO.312/2-2 OF POONITHURA VILLAGE OF KANAYANNUR TALUK