Kerala High Court
Sasneh R vs State Of Kerala on 9 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 44398 OF 2024
1
2025:KER:50422
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. 44398 OF 2024
PETITIONER/S:
SASNEH R.,
AGED 30 YEARS
S/O RAJENDRAN, CHALUTHARA, CHEMMANATHUKARA, VAIKKOM,
KOTTAYAM, PIN - 686606
BY ADVS.
SMT.A.ARUNA
SMT.JISHA SHAJI
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 LAND REVENUE COMMISSIONER,
LAND REVENUE COMMISSIONERATE PUBLIC OFFICE BUILDING,
MUSEUM ROAD, OPPOSITE ZOO, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, KERALA, PIN - 695033
3 DISTRICT COLLECTOR,
COLLECTORATE, KOTTAYAM - KUMILY RD, KOTTAYAM, KERALA,
PIN - 686002
4 REVENUE DIVISION OFFICER,
OFFICE OF THE REVENUE DIVISION OFFICER, REVENUE
DIVISIONAL OFFICE PALA, MINI CIVIL STATION, PALA BYPASS
RD, PALA, KERALA, PIN - 686575
5 TAHSILDAR,
VAIKKOM TALUK OFFICE, MINI CIVIL STATION, W GATE RD,
VAIKOM, KERALA, PIN - 686141
WP(C) NO. 44398 OF 2024
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2025:KER:50422
6 VILLAGE OFFICER,
TV PURAM VILLAGE OFFICE, TV PURAM RD, THIRUMANI,
VENKATAPURAM, VAIKOM, KERALA, PIN - 686606
7 AGRICULTURAL OFFICER,
KRISHI BHAVAN, TV PURAM, KOTTAYAM, KERALA, PIN - 686606
8 LOCAL LEVEL MONITORY COMMITTEE,
REPRESENTED BY ITS CHAIRMAN,KRISHI BHAVAN, T.V.
PURAM,VAIKOM, KOTTAYAM DISTRICT, PIN - 686606
9 ADDL.R9. T V PURAM PANCHAYAT
REPRESENTED BY ITS SECERETARY, T V PURAM RD, THIRUMANI,
VENKATAPURAM, VAIKOM, KERALA, PIN 686606.
0 ADDL.R10. SECRETARY
T V PURAM PANCHAYAT, T V PURAM RD, THIRUMANI,
VENKATAPURAM, VAIKOM, KERALA, PIN - 686606 [ADDL.R9 &
ADDL.R10 ARE IMPLEADED AS PER ORDER DATED 03.02.2025 IN
I.A.1/2024 IN WP(C)44398/2024].
BY ADV SMT.A.SREEKALA (VAIKOM)
GP SMT.JESSY S.SALIM
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. 44398 OF 2024
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C.S.DIAS, J.
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WP(C) No.44398 OF 2024
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Dated this the 9th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 18 Ares and 26 Sq. Mt. of land, comprised in Survey Nos.132/16A and 132/16B-1 in T.V.Puram Village, Vaikom 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 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 finding regarding the nature and character of the property as on 12.08.2008. Hence, Ext.P8 WP(C) NO. 44398 OF 2024 4 2025:KER:50422 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 Ext.P4 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) and Joy K.K v. The Revenue Divisional Officer/Sub WP(C) NO. 44398 OF 2024 5 2025:KER:50422 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 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 WP(C) NO. 44398 OF 2024 6 2025:KER:50422 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 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. 44398 OF 2024 7 2025:KER:50422 APPENDIX OF WP(C) 44398/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED DATED 13.03.2024 BETWEEN THE PETITIONER AND MR PAULOSE ABRAHAM Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT NO.
KL05051802097/2024 DATED 16.04.2024 ISSUED BY THE 6TH RESPONDENT Exhibit P3 TRUE COPY OF THE NOTIFICATION NO. A2/401/2021 DATED 08.02.2021 PUBLISHED IN KERALA EXTRAORDINARY GAZETTE,NO. 595, VOLUME 10, DATED 08.02.2021 Exhibit P4 TRUE COPY OF THE FORM 5 APPLICATION DATED 18.04.2024 SUBMITTED BY THE PETITIONER Exhibit P5 TRUE COPY OF THE LAND IN SURVEY NO. 132/16A-3 OF BLOCK NUMBER 1, IN T.V. PURAM VILLAGE OF VAIKOM TALUK IN KOTTAYAM DISTRICT IS TAKEN FROM THE REVENUE PORTAL Exhibit P6 TRUE COPY OF THE IMAGE OF THE PETITIONER'S LAND AVAILABLE IN GOOGLE EARTH AS ON 26.04.2013, 24.02.2018 AND 08.04.2019 Exhibit P7 TRUE COPY OF THE LAND IN SURVEY NO. 132/15-1 OF BLOCK NUMBER 1, IN T.V. PURAM VILLAGE OF VAIKOM TALUK IN KOTTAYAM DISTRICT IS TAKEN FROM THE REVENUE PORTAL Exhibit P8 TRUE COPY OF THE PROCEEDINGS NO. 1856/2024 DATED 04.11.2024 ISSUED BY THE 4TH RESPONDENT Exhibit P9 TRUE COPY OF THE DECISION DATED 31.08.2024 OF THE 8TH RESPONDENT Exhibit P10 TRUE COPY OF THE PROFORMA FORM 5 REPORT OF THE 6TH RESPONDENT DATED 04.10.2024 Exhibit P11 TRUE COPY OF THE JUDGMENT IN WP ( C) 2771/2024 DATED 24.01.2024, HARIS C V. DISTRICT COLLECTOR AND OTHERS Exhibit P12 TRUE COPY OF THE FORM II NOTICE DATED UV/125/2024/VKM DATED 03.09.2024 ISSUED BY THE DISTRICT REGISTRAR GENERAL