Kerala High Court
Shabeena S vs The Deputy Collector (R. R), Rdo, U/S. ... on 10 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 35243 OF 2024 1
2025:KER:50720
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
WP(C) NO. 35243 OF 2024
PETITIONER:
SHABEENA S,
AGED 41 YEARS
D/O. SHAMSUDEEN, ARSHAD MANZIL,
PULLOORMUKKU,KUDAVOOR VILLAGE, KALLAMBALAM
P.O,THIRUVANANTHAPURAM DISTRICT, PIN - 695605
BY ADV SHRI. RAJ CAROLIN V.
RESPONDENT/S:
1 THE DEPUTY COLLECTOR (R. R), RDO, U/S. 2(XVA),
VARKALA TALUK, REVENUE DIVISIONAL OFFICE, 1ST FLOOR,
CIVIL STATION BUILDING, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM DISTRICT, PIN - 695044
2 THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE, 1ST FLOOR, CIVIL STATION
BUILDING, KUDAPPANAKUNNU, THIRUVANANTHAPURAM
DISTRICT, PIN - 695044
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY SMT.VIDYA KURIAKOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 35243 OF 2024 2
2025:KER:50720
JUDGMENT
Dated this the 10th day of July, 2025 The petitioner is the owner in possession of 21.30 Ares of land comprised in Re-Survey Nos.316/18 and 426/1 in Block No.23 in Kudavoor Village, Varkala Taluk, covered under Ext.P1 Sale Deed. 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.P7 order, the 1st respondent 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 WP(C) NO. 35243 OF 2024 3 2025:KER:50720 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 Senior 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 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 WP(C) NO. 35243 OF 2024 4 2025:KER:50720 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 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, 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 WP(C) NO. 35243 OF 2024 5 2025:KER:50720 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.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 WP(C) NO. 35243 OF 2024 6 2025:KER:50720 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 NAB WP(C) NO. 35243 OF 2024 7 2025:KER:50720 APPENDIX OF WP(C) 35243/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED NO.
1054/2021/I DATED 12/07/2021 OF NAVIKULAM SRO.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO. KL01060604604/2023 DATED 15/07/2023 ISSUED BY THE VILLAGE OFFICER, KUDAVOOR. Exhibit P2(a) TRUE COPY OF THE POSSESSION CERTIFICATE BEARING NO. 385/2022 DATED 15/03/2022 ISSUED BY THE VILLAGE OFFICER, KUDAVOOR. Exhibit P3 TRUE COPY OF THE EXTRACT OF THE DATABANK APPENDED TO THE NOTIFICATION DATED 24/03/2012 BEARING NO. B4-775/12 ISSUED BY THE SECRETARY, NAVAIKULAM GRAMA PANCHAYAT. Exhibit P4 TRUE COPY OF THE APPLICATION IN FORM 5 BEARING NUMBER 90/2022/234478 DATED 24/11/2022 SUBMITTED BEFORE THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO. 9114 OF 2024 DATED 12/03/2024.
Exhibit P6 TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE COURT IN CON. CASE (CIVIL) NO. 2160/2024 DATED 24/09/2024.
Exhibit P7 TRUE COPY OF THE ORDER IN PROCEEDINGS OF THE FIRST RESPONDENT BEARING FILE NO. 101/2024 IN APPLICATION NO. 90/2022/234478 DATED 22/08/2024.