Kerala High Court
Sreekumar D vs The Sate Of Kerala on 6 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 395 OF 2025
1
2025:KER:58678
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(C) NO. 395 OF 2025
PETITIONER/S:
SREEKUMAR D.,
AGED 60 YEARS
S/O. DAMODARAN PILLAI,LAKSHMI VILASAM, JAWAN CROSS
ROAD, PONEKKARA,AIMS POST OFFICE,ERNAKULAM DISTRICT,
PIN - 682041
BY ADVS.
SHRI.SHIBIN K.F.
SHRI.JOHN T. SEBASTIAN
SHRI.JOSEPH FRANCIS
SMT.ANEENA ROY
RESPONDENT/S:
1 THE SATE OF KERALA,
REPRESENTED BY ITS CHEIF SECRETARY, GOVERNMENT OF
KERALA, ROOM NO. 202,NORTH SANDWICH BLOCK, GOVERNMENT
SECRETARIAT,TRIVANDRUM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI, K.B JACOB ROAD,
FORT KOCHI, HEAD POST OFFICE, KOCHI,ERNAKULAM, PIN -
682001
3 THE VILLAGE OFFICER,
EDAPALLY NORTH VILLAGE OFFICE PONEKKARA RD, PONEKKARA,
EDAPPALLY NORTH BRANCH POST OFFICE, KOCHI, ERNAKULAM,
PIN - 682024
4 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, VYTLA KOCHI CORPORATION VYTLA SHOPPING
COMPLEX, SA ROAD AND MAHAKAVI VAILOPPILLI ROAD, VYTLA
WP(C) NO. 395 OF 2025
2
2025:KER:58678
POST OFFICE,KOCHI, ERNAKULAM, PIN - 682019
5 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY CHAIRMAN AND MAYOR OF KOCHI MUNCIPAL
CORPORATION, KOCHI MUNCIPAL HEAD OFFICE, PARK AVE ROAD,
MARINE DRIVE, ERNAKULAM HEAD POST OFFICE, ERNAKULAM,
PIN - 682011
SR.GP SMT.PREETHA K.K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 395 OF 2025
3
2025:KER:58678
C.S.DIAS, J.
---------------------------------------
WP(C) No. 395 OF 2025
-----------------------------------------
Dated this the 6th day of August, 2025
JUDGMENT
The writ petition is filed, inter alia, to direct the
respondents to exclude the applied property from the data
bank.
2. The petitioner is the owner in possession of 12.42
Ares of land comprised in Re-Survey No.21 in Block No.207 in
Edappally North Village, Kanayannur Taluk, Ernakulam
District. The property has been converted to 'purayidom'.
However, the 5th respondent has erroneously classified the
property as 'converted land' and included it in Ext.P1 notified
data bank. Exts.P3 to P20 revenue records substantiate that
the property is a dry land. Since the property is classified as
converted land in the data bank, the respondents are bound to
exclude the property from Ext.P1 notified data bank.
3. Heard; the learned Counsel for the petitioner and
the learned Senior Government Pleader.
4. In the case at hand, it is not in dispute that the petitioner's
WP(C) NO. 395 OF 2025
2025:KER:58678
property is classified as converted land in the notified data
bank. It is well settled that only if the property is classified as
'paddy land' or 'wetland' would the provisions of the Act get
attracted.
5. In Line Properties Private Ltd. v. Revenue Divisional
Officer, Ernakulam (2025 (2) KLT 348), this Court has
categorically held that if a property is classified as converted
land and included in the data bank, the revenue authorities
are bound to exclude it from the data bank.
6. In view of the exposition of law in Line Properties
Private Limited's case (supra) and taking note of the
undisputed fact that property is classified as converted land in
the data bank, I allow the writ petition in the following
manner:
(i) The 2nd respondent/authorised officer is directed to
pass orders excluding the petitioner's property
from the data bank within one month from the
date of production of a copy of this judgment and
forward the order to the 5th respondent.
(ii) The 5th respondent, on receipt of the said order,
WP(C) NO. 395 OF 2025
2025:KER:58678
shall publish an erratum notification excluding the
petitioner's property from Ext.P1 data bank within
two months from the date of receipt of the order
from the 2nd respondent.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE
rkc/06.08.25
WP(C) NO. 395 OF 2025
2025:KER:58678
APPENDIX OF WP(C) 395/2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE DATA BANK, DATED 22-02-
2021, PUBLISHED BY THE 5TH RESPONDENT
Exhibit-P2 A TRUE COPY OF THE PARTITION DEED
NO.4825/1995, DATED 08-08-1995, IN THE
RECORDS OF THE EDAPPALLY SUB REGISTRY OFFICE
Exhibit-P 3 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
20-09-2001
Exhibit-P4 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
10-04-2003
Exhibit-P5 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
14-05-2004
Exhibit-P6 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
03-10-2005
Exhibit-P7 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
25-05-2007
Exhibit-P8 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
06-08-2008
Exhibit-P9 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
31-07-2009
Exhibit-P10 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
14-12-2010
Exhibit-P11 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
16-05-2012
Exhibit-P12 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
13-06-2014
Exhibit-P13 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
26-06-2015
Exhibit-P14 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
02-06-2016
Exhibit-P15 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
22-05-2017
Exhibit-P16 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
28-04-2018
Exhibit-P17 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
10-05-2021
Exhibit-P18 A TRUE COPY OF THE LAND TAX RECEIPT, DATED
20-05-2022
Exhibit-P19 A TRUE COPY OF THE BASIC TAX REGISTER, DATED
20-01-2023, PERTAINING TO THE PETITIONER'S
LAND
Exhibit-P20 A TRUE COPY OF THE TOWN SURVEY REGISTER,
WP(C) NO. 395 OF 2025
2025:KER:58678
DATED 14-11-2023, MAINTAINED AT THE OFFICE OF
THE ASSISTANT DIRECTOR OF SURVEY AND LAND
RECORDS (RESURVEY), THRIKKAKKARA
Exhibit-P21 THE PHOTOGRAPHS SHOWING THE NATURE OF THE
PETITIONER'S LAND AS ‘PURAYIDAM' (DRY
LAND)
