Kerala High Court
Parammekkavu Devaswom vs District Collector on 8 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 23571 OF 2025 1
2025:KER:59464
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. 23571 OF 2025
PETITIONER:
PARAMMEKKAVU DEVASWOM
GEETHANJALI BUILDING, ROUND EAST, THRISSUR,
REPRESENTED BY ITS SECRETARY, G.RAJESH, AGED 61,
S/O.V.G.PODUVAL, RESIDING AT CHANDRA VILLA,
CHEMBUKKAVU VILLAGE, KEERAKULANGARA DESOM,
EAST FORT P.O., THRISSUR TALUK, THRISSUR DISTRICT.,
PIN - 680005
BY ADVS. SHRI.SHIBU JOSEPH
SHRI. SAYED MANSOOR BAFAKHY THANGAL
SMT.VRINDA BABU
SHRI.SARATH VISWANATHAN
SHRI.AMAN MANZOOR
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, AYYANTHOLE P.O.,
THRISSUR DISTRICT., PIN - 680003
2 THE REVENUE DIVISIONAL OFFICER
THRISSUR, FIRST FLOOR, CIVIL STATION, AYYANTHOLE
P.O., THRISSUR DISTRICT., PIN - 680003
3 THE TAHSILDAR
THRISSUR TALUK, TALUK OFFICE, TOWN HALL, WEST PALACE
ROAD, CHEMBUKKAVU, THRISSUR., PIN - 680001
4 THE VILLAGE OFFICER
AYYANTHOLE, NGO QUARTERS, AYYANTHOLE P.O.,
THRISSUR DISTRICT., PIN - 680003
WP(C) NO. 23571 OF 2025 2
2025:KER:59464
*5 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, AYYANTHOLE, PUTHCORKKARA,
THRISSUR, PIN CODE 680 012
[ADDL R5 IS IMPLEADED AS PER ORDER DATED 08.08.2025
IN I.A.NO.01/2025 IN WP(C) NO.23571/2025
BY SMT.VIDYA KURIAKOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23571 OF 2025 3
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JUDGMENT
Dated this the 08th day of August, 2025
The writ petition is filed, inter alia, to direct the 3rd
respondent to consider Ext.P15 application submitted by
the petitioner under Rule 4(4d) of the Kerala Conservation
of Paddy Land and Wetland Rules, 2008 ('Rules' in short)
expeditiously.
2. The petitioner Devaswom is the owner in
possession of 7.9452 hectares of land, comprised in various
survey numbers in Ayyanthole Village, Thrissur Taluk,
covered under Ext.P1 land tax receipt. The property is a
converted land. However, the respondents have
erroneously classified the land as 'paddy land' and included
it in the data bank. By Exts.P2 and P3 orders, the petitioner
has been permitted to use a major portion of the above
property for non-agricultural purposes under Clause 6(2) of
the Kerala Land Utilisaton Order, 1967 (for short, 'KLUO').
Surprisingly, the respondents issued Ext.P4 stop memo,
restricting the petitioner from using the property.
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Immediately, the petitioner had preferred Ex.P5 reply to
Ext.P4 stop memo and further proceedings were dropped
by Ext.P11 order. Accordingly, the petitioner has submitted
Ext.P6 application under Section 6A of the Kerala Land Tax
Act, 1961, to reassess and reclassify the property. Later,
the petitioner was advised to file a Form 5 application,
which they did as per Ext.P15 application on 13.06.2025.
But the same has not been considered. In the meantime
Ext.P12 stop memo has again been issued to which the
petitioner has submitted Ext.P13 reply. Hence, the writ
petition.
3. Heard; the learned counsel for the petitioner
and the learned Senior Government Pleader.
4. The learned Senior Government Pleader
submits that, even though Ext.P12 stop memo was issued
and Ext.P13 reply was submitted, proceedings under
Section 13 of the Act have not been initiated till date.
5. On a consideration of the facts and the
materials on record, especially that Ext.P15 application is
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pending consideration before the 2nd respondent since
13.06.2025, and the same being statutory in nature,
without expressing anything on the merits of the
application, I allow the writ petition by ordering as follows:
(i) The additional 5th respondent is directed to
submit his report as provided under Rule 4(4e)
of the Rules to the authorised officer within two
months from the date of production of a copy of
this judgment.
(ii) On receipt of the above report, the 2nd
respondent (authorized officer), after verifying
the contents in the data bank by conducting
inspection directly or with the help of satellite
pictures prepared by the Central/State Institute
of Science and Technology as envisaged under
Rule 4(4f), shall consider and dispose Ext.P15
application, in accordance with law and as
expeditiously as possible, at any rate, within two
months from the date of receipt of the above
report.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
NAB
2025:KER:59464
APPENDIX OF WP(C) 23571/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE PHOTOSTAT COPY OF THE BASIC TAX
RECEIPT ISSUED BY THE 4TH RESPONDENT FOR
THE YEAR 2024-25 DATED 03-05-2024
EXHIBIT P2 THE TRUE PHOTOSTAT COPY OF THE ORDER
BEARING NOS.D.DIS.B1-50649/03 DATED 03-12-
2003 PASSED BY THE 1ST RESPONDENT
EXHIBIT P3 THE TRUE PHOTOSTAT COPY OF THE ORDER
BEARING NO.D.DIS.31550/04/B1 DATED 14-07-
2004 PASSED BY THE 1ST RESPONDENT
EXHIBIT P4 THE TRUE PHOTOSTAT COPY OF THE STOP MEMO
DATED 23-03-2022
EXHIBIT P5 THE TRUE PHOTOSTAT COPY OF THE OFFICE COPY
OF THE REPLY DATED 25-03-2022 TO EXHIBIT P4
STOP MEMO
EXHIBIT P6 THE TRUE PHOTOSTAT COPY OF THE APPLICATION
DATED 25-09-2023 SUBMITTED BY THE
PETITIONER DEVASWOM UNDER SECTION 6A OF THE
KERALA LAND TAX ACT, 1961
EXHIBIT P7 THE TRUE PHOTOSTAT COPY OF THE
COMMUNICATION BEARING FILE
NO.TLKTSR/5916/2023-B1 DATED 10-10-2023
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER
EXHIBIT P8 THE TRUE PHOTOSTAT COPY OF THE COVERING
LETTER DATED 12-10-2023 PRODUCED ALONG WITH
THE DOCUMENTS SUBMITTED BY THE PETITIONER
DEVASWOM BEFORE THE 3RD RESPONDENT
EXHIBIT P9 THE TRUE PHOTOSTAT COPY OF THE
COMMUNICATION BEARING FILE
NO.TLKTSR/5916/2023-B1 DATED 17-10-2023
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER
EXHIBIT P10 THE TRUE PHOTOSTAT COPY OF THE COVERING
LETTER DATED 14-11-2023 EVIDENCING
SUBMISSION OF THE DOCUMENTS SOUGHT FOR AS
PER EXHIBIT P9
EXHIBIT P11 THE TRUE PHOTOSTAT COPY OF THE ORDER
BEARING NO.DCTSR/7214/2025-B3 DATED 02-06-
2025 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P12 THE TRUE PHOTOSTAT COPY OF THE STOP MEMO
DATED 26-05-2025 ISSUED BY THE 4TH
RESPONDENT
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EXHIBIT P13 THE TRUE PHOTOSTAT COPY OF THE REPLY TO THE
EXHIBIT P12 STOP MEMO DATED 30-05-2025
EXHIBIT P14 THE TRUE PHOTOSTAT COPY OF THE
REPRESENTATION DATED 04-06-2025 ISSUED BY
THE PETITIONER TO THE 4TH RESPONDENT
EXHIBIT P15 THE TRUE PHOTOSTAT COPY OF THE APPLICATION
IN FORM 5 SUBMITTED BY THE PETITIONER ON
13-06-2025 BEFORE THE 2ND RESPONDENT
