Kerala High Court
Biju Thomas vs State Of Kerala on 4 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:57867
WP(C) NO. 15665 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WP(C) NO. 15665 OF 2024
PETITIONER:
BIJU THOMAS,
AGED 48 YEARS
S/O.THOMAS,VADAKEKULAM HOUSE, THALAPPALLY,
PARLIKADU, VADAKKANCHERY, THRISSUR, PIN - 678683
BY ADVS.
SHRI.K.J.MANU RAJ
SHRI.JOBY JOSEPH (THRISSUR)
SMT.K.VINAYA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 REVENUE DIVISIONAL OFFICER,
CIVIL STATION,CIVIL LINES ROAD, AYYANTHOLE,THRISSUR,
PIN - 680003
3 THE TAHSILDAR(LR),
THRISSUR TALUK OFFICE,OPP. THRISSUR TOWN HALL,
THRISSUR - 680020
4 THE VILLAGE OFFICER,
KILLANUR VILLAGE, MULAMKUNNATHUKAVU,KILLANUR P.O.,
THRISSUR, PIN - 680581
5 AGRICULTURAL OFFICER,
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KRISHI BHAVAN,MULAMKUNNATHUKAVU.P.O.,THRISSUR, PIN -
680581
OTHER PRESENT:
SR.GP.SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
Dated this the 4th day of August, 2025
The petitioner is the owner in possession of 5
Ares of land comprised in Survey No.275/1-21 of
Killanoor Village, Thrissur Taluk, covered under
Ext.P2(a) land tax receipt. The property is a converted
land and is unsuitable for paddy cultivation.
Nevertheless, the respondents have erroneously
classified the property as 'paddy land' and included it in
the data bank maintained under the Kerala Conservation
of Paddy Land and Wetland Act, 2008, and the Rules
framed thereunder ('Act' and 'Rules', for brevity). To
exclude the property from the data bank, the petitioner
had submitted Ext.P4 application in Form 5, under Rule
4(4d) of the Rules. However, by Ext.P5 order, the
authorised officer has summarily rejected the
application without either conducting a personal
inspection of the land or calling for the satellite pictures
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as mandated under Rule 4(4f) of the Rules. Furthermore,
the order is devoid of any independent finding regarding
the nature and character of the land as it existed on
12.08.2008 - the date the Act came into force. The
impugned order, therefore, is arbitrary and
unsustainable in law and liable to be quashed.
2. I have heard the learned Counsel for the petitioner
and the learned Government Pleader.
3. The petitioner's principal contention is that the
applied property is not a cultivable paddy field but is a
converted plot. Nonetheless, the property has been
incorrectly included in the data bank. Despite filing the
Form 5 application, the authorised officer has rejected the
same without proper consideration or application of
mind.
4. It is now well-settled by a catena of judgments of
this Court - including the decisions in Muraleedharan Nair
R v. Revenue Divisional Officer [2023 (4) KHC 524],
Sudheesh U v. The Revenue Divisional Officer, Palakkad
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[2023 (2) KLT 386], and Joy K.K. v. The Revenue Divisional
Officer/Sub Collector, Ernakulam [2021 (1) KLT 433] - that
the authorised officer is obliged to assess the nature, lie
and character of the land and its suitability for paddy
cultivation as on 12.08.2008, which are the decisive
criteria to determine whether the property is to be
excluded from the data bank.
5. A reading of Ext.P5 order reveals that the
authorised officer has failed to comply with the statutory
requirements. There is no indication in the order that the
authorised officer has personally inspected the property or
called for the satellite pictures as mandated under Rule
4(4f) of the Rules. Instead, the authorised officer has
merely acted upon the report of the Agricultural Officer
without rendering any independent finding regarding the
nature and character of the land as on the relevant date.
There is also no finding whether the exclusion of the
property would prejudicially affect the surrounding paddy
fields. In light of the above findings, I hold that the
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WP(C) NO. 15665 OF 2024
impugned order was passed in contravention of the
statutory mandate and the law laid down by this Court.
Thus, the impugned order is vitiated due to errors of law
and non-application of mind, and is liable to be quashed.
Consequently, the authorised officer is to be directed to
reconsider the Form 5 application as per the procedure
prescribed under the law.
In the circumstances mentioned above, I allow the
writ petition in the following manner:
(i) Ext.P5 order is quashed.
(ii) The 2nd respondent/authorised officer is directed
to reconsider the Form 5 application, in accordance with
the law, by either conducting a personal inspection of the
property or calling for the satellite pictures as provided
under Rule 4(4f) of the Rules, at the cost of the
petitioner.
(iii) If satellite pictures are called for, the application
shall be disposed of within three months from the date of
receipt of such pictures. On the other hand, if the
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authorised officer opts to inspect the property personally,
the application shall be disposed of within two months
from the date of production of a copy of this judgment by
the petitioner.
The writ petition is thus ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rmm/4/8/2025
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WP(C) NO. 15665 OF 2024
APPENDIX OF WP(C) 15665/2024
PETITIONER EXHIBITS
Exhibit P 1 A TRUE COPY OF THE PHOTOGRAPH OF THE
PROPERTY
Exhibit P 2 A TRUE COPY OF THE RELEVANT PAGES OF
DOCUMENT NO. 3765/1/2022 DATED 30.12.2022
OF SRO THRISSUR
Exhibit P 2 [ a ] A TRUE COPY OF THE TAX RECEIPT NO.
KL08014609485/20023 ISSUED BY THE VILLAGE
OFFICER, KILLANUR DATED 29.12.2023
Exhibit P 3 A TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK DATED NIL
Exhibit P 4 A TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER IN FORM NO.5 DATED
31.1.2023
Exhibit P 5 A TRUE COPY OF THE ORDER DATED 15.12.2023
ISSUED BY THE SUB COLLECTOR THRISSUR
Exhibit P6 A true copy of the order passed by the
Deputy Collector (RR), Thrissur dated
11.10.2024 [ File No. 1406/2024 ]
