Kerala High Court
Reeja vs The Deputy Collector ( Rr) on 8 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:59694
WP(C) NO. 11636 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947
WP(C) NO. 11636 OF 2025
PETITIONER:
REEJA,
AGED 49 YEARS
W/O. JOBY, NEELANKAVIL HOUSE, CHITILAPILLY,
PERAMANGALM.P.O., THRISSUR DISTRICT, PIN - 680545
BY ADV SRI.K.M.MUHAMMED HUSSAIN
RESPONDENTS:
1 THE DEPUTY COLLECTOR ( RR),
OFFICE OF THE REVENUE DIVISIONAL OFFICER, CIVIL
STATION AYYANTHOLE, THRISSUR, PIN - 680003
2 THE TAHSILDAR (LAND RECORDS),
THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680005
3 THE AGRICULTURAL OFFICER,
ADATT KRISHI BHAVAN, ADATT P.O, THRISSUR DISTRICT,
PIN - 680580
4 THE VILLAGE OFFICER,
CHITTILAPPILLY VILLAGE, THRISSUR TALUK, THRISSUR
DISTRICT, PIN - 680580
5 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
(KSREC),
C BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM,
REPRESENTED BY ITS DIRECTOR, PIN - 695033
OTHER PRESENT:
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2
GP. SMT. JESSY S. SALIM,
SC- SRI.VISHNU S. CHEMPAZHANTHIYIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 11636 OF 2025
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JUDGMENT
Dated this the 8th day of August, 2025
The petitioner is the owner in possession of
43.91 Ares of land comprised in Re-Survey No. 277/6-1
of Chittilappilly Village, Thrissur Taluk, covered under
Ext.P2 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
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satellite pictures 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],
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WP(C) NO. 11636 OF 2025
Sudheesh U v. The Revenue Divisional Officer, Palakkad
[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
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surrounding paddy fields. In light of the above findings, I
hold that the 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 1st respondent/authorised officer is directed
to reconsider Ext.P4 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
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receipt of such pictures. On the other hand, if the
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/8/8/2025
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WP(C) NO. 11636 OF 2025
APPENDIX OF WP(C) 11636/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF DOCUMENT NO. 2938/2001 OF
S.R.O. MUNDUR DATED 2-11-2001
Exhibit P-2 TRUE COPY OF THE BASIC TAX RECEIPT DATED
19-07-2024 ISSUED BY 4 TH RESPONDENT
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF DATA
BANK PREPARED FOR CHITTILAPPILLY VILLAGE
DATED 18-01-2021
Exhibit P4 THE TRUE COPY OF THE APPLICATION IN FORM
NO. 5 DATED 15.01.2024, SUBMITTED BY THE
PETITIONER BEFORE THE 1 ST RESPONDENT
Exhibit P5 THE COPY OF THE REPORT WAS NOT ISSUED TO
THE PETITIONER. THE TRUE COPY OF THE
ORDER PASSED BY THE 1 ST RESPONDENT DATED
11-11-2024
Exhibit P6 THE LAND IS SURROUNDED BY PANCHAYAT
ROAD , RAILWAY TRACK AND OTHER CONVERTED
LANDS. THE TRUE COPY OF THE PHOTOGRAPHS
SHOWING NATURE OF THE LAND
