Kerala High Court
Sobhana Ramankutty vs State Of Kerala on 13 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:60845
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 13TH DAY OF AUGUST 2025 / 22ND SRAVANA, 1947
WP(C) NO. 37158 OF 2024
PETITIONER:
SOBHANA RAMANKUTTY,
AGED 63 YEARS
W/O. K A RAMANKUTTY, KAILAS CHETHICODE POST,
KANJIRAMATTAM, ERNAKULAM, PIN - 682315
BY ADV SRI.AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTER,
1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE
ASSEMBLY, UNIVERSITY OF KERALA SENATE HOUSE
CAMPUS, PMG, THIRUVANANTHAPURAM
REPRESENTED BY ITS DIRECTOR, PIN - 695033
3 DISTRICT COLLECTOR,
COLLECTORATE, ERNAKULAM,KAKKANAD,
ERNAKULAM, PIN - 682030
4 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FORT KOCHI,
KB JACOB RD, KOCHI HEAD POST,
ERNAKULAM, PIN - 682001
5 DEPUTY COLLECTOR, ERNAKULAM,
COLLECTORATE, KAKKANAD,
ERNAKULAM, PIN - 682030
WP(C) NO.37158 OF 2024 2
2025:KER:60845
6 LOCAL LEVEL MONITORING COMMITTEE,
(REPRESENTED BY ITS CONVENER AGRICULTURAL
OFFICER), KRISHI BHAVAN, AMBALLOOR,
KANJIRAMATTOM P.O., ERNAKULAM, PIN - 682315
7 AGRICULTURAL OFFICER,
KRISHI BHAVAN, AMBALLOOR,
KANJIRAMATTOM P.O.,ERNAKULAM, PIN - 682315
OTHER PRESENT:
GOVERNMENT PLEADER- SMT.JESSY S. SALIM,
STANDING COUNSEL- SRI.VISHNU S. CHEMPAZHANTHIYIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.37158 OF 2024 3
2025:KER:60845
JUDGMENT
Dated this the 13th day of August, 2025
The petitioner is the owner in possession of 82
Ares of land comprised in Re-Survey Nos. 369/2-2,
369/2-3, 369/2-4 and 369/2 in Block No. 22 of
Amballoor Village, Kanayannur Taluk, covered under
Ext. P1 land tax receipt. The property is a converted
plot and 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.P3 application in Form 5 under Rule
4(4d) of the Rules. However, by Ext.P4 order, the
authorised officer has summarily rejected the
application without directly inspecting the property.
Even though the petitioner had remited the prescribed
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fee to call for the satellite images as envisaged under
Rule 4(4f) of the Rules, the authorised officer has not
awaited the satellite pictures. Ext. P4 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 legally unsustainable.
2. I have heard the learned counsel for the
petitioner and the learned Government Pleader.
3. The principal contention of the petitioner is that
the subject property is not a cultivable paddy field but a
converted plot. Nonetheless, the property has been
incorrectly included in the data bank. Despite filing an
application in Form 5 seeking its exclusion, the same has
been rejected without proper consideration or
application of mind.
4. It is now well-settled by a catena of judgments
of this Court -- including Muraleedharan Nair R v.
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Revenue Divisional Officer [2023 (4) KHC 524],
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 competent
authority 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 merits
exclusion from the data bank.
5. A reading of Ext.P4 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 directly inspected the property.
Instead, the authorised officer 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. Although the
petitioner had submitted the prescribed fee to call the
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satellite pictures, the same was not considered by the
authorised office. 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 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 aforesaid circumstances, I allow the writ
petition in the following manner:
i. Ext.P4 order is quashed.
ii. The fourth respondent/authorised officer is
directed to reconsider Ext.P3 application in accordance
with law, as expeditiously as possible within 90 days
from the date of production of a copy of this judgment. It
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would be up to the authorised officer to either directly
inspect the property or consider the satellite picture
called for by the Agricultural Officer.
The writ petition is thus ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
mtk/13.08.2025
2025:KER:60845
APPENDIX OF WP(C) 37158/2024
PETITIONER EXHIBITS
EXHIBIT P1 A COPY OF THE TAX RECEIPT DATED
17.05.2024 ISSUED BY THE AMBALLOOR
VILLAGE OFFICE.
EXHIBIT P2 A COPY OF THE RELEVANT PAGE OF DATA BANK
PUBLISHED IN GAZETTE 24.03.2012.
EXHIBIT P3 A COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
4TH RESPONDENT DATED 28.04.2021.
EXHIBIT P4 THE TRUE COPY OF THE ORDER NO.K13-3676/22
DATED 10.08.2022 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P5 A COPY OF THE KSREC E-CHALLAN NO.
KL009372191202425E DATED 19.06.2024.
EXHIBIT P6 A COPY OF THE LETTER DATED 21.06.2024
SUBMITTED BY THE PETITIONER BEFORE THE
6TH RESPONDENT.
EXHIBIT P7 A COPY OF THE LETTER DATED 29.06.2024
SUBMITTED BY THE PETITIONER BEFORE THE
4TH RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE RTI APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
4TH RESPONDENT DATED 16.05.2024 ALONG
WITH REPLY TO THE SAME (THE REPORT OF THE
AGRICULTURAL OFFICER).
