Kerala High Court
John Gomez vs The Revenue Divisional Officer on 16 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:42602
WP(C) NO. 37689 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 16TH DAY OF JUNE 2025 / 26TH JYAISHTA, 1947
WP(C) NO. 37689 OF 2024
PETITIONER:
JOHN GOMEZ,
AGED 75 YEARS
S/O JOHN DANIEL MARIAN GOMEZ, RESIDING AT JOHN
DALE, PATTATHANATHU CHERRY, VADAKKEVILA VILLAGE,
PATTATHANATHU P.O, KOLLAM DISTRICT,, PIN - 691021
BY ADV SHRI.A.JANI(KOLLAM)
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
THIRUVANANTHAPURAM DISTRICT, COLLECTORATE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE KAZHAKKOOTTAM VILLAGE OFFICER,
KAZHAKKOOTTAM VILLAGE, THIRUVANANTHAPURAM
DISTRICT, PIN - 695022
3 THE THAHSILDAR,
THIRUVANANTHAPURAM TALUK, TALUK OFFICE,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM DISTRICT, COLLECTORATE,
THIRUVANANTHAPURAM, PIN - 695001
5 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO DEPARTMENT OF
REVENUE, SECRETARIATE, THIRUVANANTHAPURAM, PIN -
695001
2025:KER:42602
WP(C) NO. 37689 OF 2024
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OTHER PRESENT:
GP SMT JESSY S SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:42602
WP(C) NO. 37689 OF 2024
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JUDGMENT
Dated this the 16th day of June, 2025 The writ petition is filed to quash Ext.P9 order passed by the 1st respondent, rejecting Ext.P7 application (Form 7) filed under Section 27A r/w Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008 ('Act' and 'Rules' in short).
2. The petitioner is the owner in possession of the properties covered by Ext.P1 sale deed and Ext.P2 basic tax receipt. The said land is not included in the data bank. However, in the revenue records, the petitioner's property is shown as paddy land. In order to change the nature of category, the petitioner had submitted Ext.P7 application before the 1 st respondent. But, the 1st respondent, on the 2025:KER:42602 WP(C) NO. 37689 OF 2024 4 observation of the Local Level Monitoring Committee (LLMC) that the property has to be included in the data bank, has perfunctorily rejected Ext.P7 application by Ext.P9 order. Ext.P9 order is illegal and arbitrary. Hence, the writ petition.
3. The 1st respondent has filed a statement, stating that Ext.P7 application was forwarded to the Agricultural Officer and the Village Officer. The Village Officer has reported that 90% of the petitioner's property is water-logged and swampy. The Village Officer has issued a stop memo, since there was an attempt to illegally convert the land. The Village Officer has also recommended not to convert the land due to environmental problems. The LLMC has also reported that, if the petitioner's property is converted, it would cause environmental problems.
4. Heard; the learned counsel for the petitioner and the learned Government Pleader.
2025:KER:42602 WP(C) NO. 37689 OF 2024 5
5. The petitioner's specific case is that, his property is a converted land. It is not included in the data bank. However, in the revenue records, the petitioner's property is classified as paddy land. In the said circumstances, the petitioner had submitted Ext.P7 application, to change the classification in the revenue records. But, by Ext.P9 order, the 1 st respondent has rejected Ext.P7 application, solely on the ground that the LLMC has recommended that the property is to be included in the data bank. Therefore, Ext.P7 application cannot be considered.
6. Indisputably, so long as the petitioner's property is not included in the data bank, the respondents cannot take a stand that Form 7 application cannot be considered. So long as the petitioner's property is a unnotified land and is shown as paddy land in the revenue records, it is the bounden duty on 2025:KER:42602 WP(C) NO. 37689 OF 2024 6 the part of the 1st respondent/ authorised officer to consider Ext.P7 application as envisaged under Section 27A r/w 12(1) of the Act and Rules. Without following the said course, the 1st respondent has rejected the application on the assumption that the petitioner's property would be included in the data bank in the future. It is also not in dispute that till date the petitioner's property has not been included in the data bank. Therefore, I am satisfied that Ext.P9 order is smacked with malafides and arbitrariness, and the same is liable to be set aside.
In the result, the writ petition is allowed in the following manner:
(i). Ext.P9 order is quashed.
(ii). The first respondent/authorised officer is directed to reconsider Ext.P7 application, in accordance with law and as expeditiously as possible, at any rate, within 60 days from the date 2025:KER:42602 WP(C) NO. 37689 OF 2024 7 of production of a copy of this judgment.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE rmm/16/6/2025 2025:KER:42602 WP(C) NO. 37689 OF 2024 8 APPENDIX OF WP(C) 37689/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF SALE DEED NO: 1910 DATED 03/06/1965 OF KAZHAKKOOTTAM S.R.O Exhibit P2 A TRUE COPY OF BASIC TAX RECEIPT NO:
KL01010807086/2022 DATED 06/09/2022 ISSUED BY THE KAZHAKKOOTTAM VILLAGE OFFICE Exhibit P3 A TRUE COPY OF RELEASE DEED NO: 729 DATED 04/03/2020 OF KAZHAKKOOTTAM S.R.O IN FAVOUR OF THE WRIT PETITIONER Exhibit P4 A TRUE COPY OF RELEVANT PAGES OF KERALA GAZETTE NO: 3215 DATED 07/06/2019 Exhibit P5 PHOTOGRAPHS Exhibit P 6 A TRUE COPY OF RECEIPT NO:
A2145212300931 DATED 27/02/2024 ISSUED BY THE KSEB TO THE PETITIONER Exhibit P7 A TRUE COPY OF THE FORM VII APPLICATION SUBMITTED BY THE PETITIONER ON 29/09/2022 BEFORE THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM BEARING NO: 749/2022/9621 Exhibit P8 A TRUE COPY OF JUDGMEENT DATED 12.6.2024 IN WP(C) NO; 14268 OF 2024 BEFORE THIS HON'BLE COURT Exhibit P9 A TRUE COPY OF THE ORDER DATED 07/06/2024 AS PER FILE NO. 8 2791/2024 RENDERED BY THE FIRST RESPONDENT, REVENUE DIVISIONAL OFFICER Exhibit P10 A TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER AS PER REF NO. 749/2022/9621 DATED 07/09/2023 Exhibit P11 A TRUE COPY OF REPORT SUBMITTED BY THE AGRICULTURAL OFFICER DATED NIL AS PER REF NO. 749/2022/9621 TO THE FIRST RESPONDENT, Exhibit P12 A TRUE COPY OF CIRCULAR NO.
P.1/117/2021, DATED 23.07.2021, ISSUED BY THE ADDITIONAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA. Exhibit P13 A TRUE COPY OF CIRCULAR REV.
2025:KER:42602 WP(C) NO. 37689 OF 2024 9 P.1/117/2021, DATED 10.12.2021, ISSUED BY THE ADDITIONAL SECRETARY, FOR GOVERNMENT OF KERALA.
Exhibit P14 A TRUE COPY OF THE PROCEEDINGS APPENDED WITH THE ORDER NO. 3825/2021-I1 DATED 09/03/2022 ISSUED BY THE 1ST RESPONDENT Exhibit P15 A TRUE COPY OF THE FIELD MEASUREMENT SKETCH REGARDING THE AREA AS PER THE RE-SURVEY IN SURVEY NO. 65
Exhibit P16 A TRUE COPY OF THE APPLICATION DATED 03/02/2025 SUBMITTED BY THE PETITIONER THROUGH HIS LAWYER UNDER THE RIGHT TO INFORMATION ACT Exhibit P17 A TRUE COPY OF THE APPLICATION FILED THROUGH PETITIONERS DETAILS UNDER THE RIGHT TO INFORMATION ON 03/02/2025, SEEKING THE DETAILS OF THE LLMC MEETING. Exhibit P18 A TRUE REPLY COPY REPLY NO. KBN 4/2024- 25, ISSUED BY THE PUBLIC INFORMATION OFFICER Exhibit P19 A TRUE COPY OF THE PROCEEDINGS, WHICH INCLUDED THE PETITIONER IN THE DATA BANK, WHICH IS GIVEN TO THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT,