Kerala High Court
Jayashree N vs Revenue Divisional Officer on 9 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 10281 OF 2023
1
2025:KER:50441
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 9TH DAY OF JULY 2025 / 18TH ASHADHA, 1947
WP(C) NO. 10281 OF 2023
PETITIONER/S:
JAYASHREE N,
AGED 42 YEARS
W/O GIRISH KUMAR N, CHENDAMKOD, KANIMANGALAM, NENMARA
P.O., PALAKKAD, PIN - 678508
BY ADVS.
SRI.THOMAS P.KURUVILLA
SHRI.SAJU ABRAHAM.T
SRI.P.PRIJITH
SRI.S.SREEKUMAR (SR.)
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER,
PALAKKAD, PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD, KERALA,
PIN - 678001
2 AGRICULTURAL OFFICER,
KRISHI BHAVAN, NENMARA P.O., PALAKKAD, PIN - 678508
3 VILLAGE OFFICER,
NENMARA, NENMARA P.O., PALAKKAD, PIN - 678508
GP SMT. VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10281 OF 2023
2
2025:KER:50441
C.S.DIAS, J.
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WP(C) No.10281 OF 2023
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Dated this the 9th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 3.24 Ares of land, comprised in Survey No.95/3-2 in Block No.55 in Nenmara Village, Chittur 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 '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 under Rule 4(4d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short). But, by the impugned Ext.P9 order, the authorised officer has perfunctorily rejected Ext.P5 application, without inspecting the property directly. He has passed the order relying on the report of the Agricultural Officer and the satellite pictures in Ext.P7 report as envisaged under Rule 4(4f) of the Rules. He has also not rendered any independent finding regarding the nature and character of the WP(C) NO. 10281 OF 2023 3 2025:KER:50441 property as on 12.08.2008. Hence, Ext.P9 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 Ext.P5 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 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) WP(C) NO. 10281 OF 2023 4 2025:KER:50441 and Joy K.K v. The Revenue Divisional Officer/Sub Collector, Ernakulam and others (2021 (1) KLT 433)).
5. Ext.P9 order establishes that the authorised officer has not directly inspected the property. He had called for Ext.P7 report as envisaged under Rule 4(4f) of the Rules. A reading of Ext.P7 report shows that there was no satellite data for the year 2008.
6. The crucial factor to decide a Form 5 application is the nature and character of the property as on 12.08.2008. When the 1st respondent found that there is no satellite data for the year 2008, then it was his bounden duty to have directly inspected the property and ascertained its nature and character as on 12.08.2008 and whether removal of the property from the data bank would adversely affect the paddy cultivation. Instead, by relying on the report of the Agricultural Officer's report and the inconclusive Ext.P7 report, the 1 st respondent has passed Ext.P9 impugned order. 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 WP(C) NO. 10281 OF 2023 5 2025:KER:50441 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.P9 order is quashed.
(ii) The 1st respondent/authorised officer is directed to reconsider Ext.P5 application by directly inspecting the property and ascertaining the nature and character of the property as on 12.08.2008 and decide the application, in accordance with law, and as expeditiously as possible, at any rate, within three months from the date of production of a copy of this judgment.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE rkc/09.07.25 WP(C) NO. 10281 OF 2023 6 2025:KER:50441 APPENDIX OF WP(C) 10281/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX PAID RECEIPT DATED 22- 11-2021 Exhibit P2 TRUE COPY OF THE LOCATION SKETCH/MAP PREPARED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF PHOTOGRAPHS OF THE PROPERTY Exhibit P4 TRUE COPY OF RELEVANT PAGES NOTIFIED DATA BANK PUBLISHED ON 12-3-2012 Exhibit P5 TRUE COPY OF PETITIONER SUBMITTED AN APPLICATION BEFORE THE 1ST RESPONDENT DATE NIL Exhibit P6 TRUE COPY OF 2ND RESPONDENT ISSUED A LETTER DATED 2-7-2021 Exhibit P7 TRUE COPY OF KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE (KSRSEC) FORWARDED THE REPORT REGARDING THE PETITIONER'S PROPERTY TO THE 2ND RESPONDENT VIDE LETTER DATED 6-8-2022 Exhibit P8 TRUE COPY OF 2ND RESPONDENT FORWARDED THE MINUTES OF THE MEETING ALONG WITH LETTER NO:
NMA 66/2022-2023 DATED 12-9-2022 Exhibit P9 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 17-9-2022