Kerala High Court
M.R.Rajan Nair vs The District Collector on 18 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 42839 OF 2024 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 18TH DAY OF AUGUST 2025 / 27TH SRAVANA, 1947
WP(C) NO. 42839 OF 2024
PETITIONER:
M.R.RAJAN NAIR,
AGED 58 YEARS
S/O RAMAKRISHNAN NAIR,THIRUVATHIRA, MUNDANPLAKKAL,
THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682301
BY ADVS. SRI.E.S.SANEEJ
SMT.S.LEKHA
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
ERNAKULAM DISTRICT, COLLECTORATE,
CIVIL STATION, KAKKANADU, PIN - 682020
2 THE DEPUTY COLLECTOR (RR)/RDO,
KANAYANNOOR TALUK, ERNAKULAM DISTRICT,
COLLECTORATE, CIVIL STATION, KAKKANADU, PIN - 682020
3 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, RDO OFFICE, FORT KOCHI,
ERNAKULAM DISTRICT, PIN - 682001
4 THE THAHASILDAR,
TALUK OFFICE, KANAYANNUR, PARK AVENUE ROAD,
ERNAKULAM, PIN - 682011
5 THE VILLAGE OFFICER,
THEKKUMBHAGAM VILLAGE, VILLAGE OFFICE,
THEKKUMBHAGAM, THRIPPUNITHURA, PIN - 682301
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6 THE AGRICULTURAL OFFICER,
THRIPPUNITHURA, KRISHI BHAVAN ROAD,
THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682301
7 THE CONVENOR,
LOCAL LEVEL MONITORING COMMITTEE, THRIPPUNITHURA
MUNICIPALITY, THRIPPUNITHURA, PIN - 682301
BY SMT.JESSY S. SALIM, GP
SRI.K.S.ARUN KUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
18.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 18th day of August, 2025
The petitioner and his wife are the co-owners in
possession of 3.92 Ares of land comprised in Re-Survey
No.15 in Block No.449 in Thekkumbhagam Village,
Kanayannur Taluk, covered under Ext.P1 land tax receipt.
The respondents have erroneously classified the land as
'wetland' 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 a Form 5 application
under Rule 4(4d) of the Rules. However, by Ext.P6 order,
the authorised officer has summarily rejected the
application without directly inspecting the property. Even
though he had called for Ext.P5 report from the Kerala
State Remote Sensing and Environmental Centre (KSREC),
wherein it is clearly observed that the property is bordered
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by a road on the east side and was observed under
scattered mixed vegetation/plantation in the data of 2008,
and the said land pattern has continued in the data of 2017
and 2022 with new building bordering south west corner,
the authorised officer has not considered the said report in
its proper perspective. Moreover, the authorised officer has
not rendered 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. In the statement filed by the 2 nd respondent
it is inter alia, contended that, the Agricultural Officer has
conducted a site inspection and concluded that the property
is a paddy land and recommended not to exclude the same
from the data bank. In the KSREC report also it is found
that the property cannot be excluded from the data bank.
3. Heard; the learned Counsel for the petitioner
and the learned Government Pleader.
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4. 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.
5. 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 [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.
6. A reading of Ext.P6 order reveals that the
authorised officer has failed to comply with the statutory
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requirements mandated under the Act. There is no
indication in the order that the authorised officer has
directly inspected the property. Even though he called for
Ext.P5 KSREC report , wherein it is specifically mentioned
that the property is bordered by a road and is under mixed
vegetation/plantation in the data of 2008, the authorised
officer has not rendered any independent finding regarding
the nature and character of the petitioner's property as on
the relevant date and whether the exclusion of the property
from the data bank would adversely affect the paddy
cultivation. In light of the above findings, I hold that the
Ext.P6 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.
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In the circumstances mentioned above, I allow the
writ petition in the following manner:
(i) Ext.P6 order is quashed.
(ii) The 2nd respondent/authorised officer is directed
to reconsider the Form 5 application, in accordance
with the law, and as expeditiously as possible, at any
rate, within 90 days from the date of production of a
copy of this judgment. It would be upto the authorised
officer to either directly inspect the property or to
consider Ext.P5 KSREC report.
The writ petition is thus ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF WP(C) 42839/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT
DATED 01.04.2024
EXHIBIT P2 TRUE PHOTOCOPY OF THE POSSESSION
CERTIFICATE ISSUED FROM NADAMA VILLAGE
OFFICE DATED 06.08.2024
EXHIBIT P3 PHOTOGRAPHS OF THE PROPERTY
EXHIBIT P4 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE
6TH RESPONDENT TO THE 3RD RESPONDENT DATED
14.05.2024
EXHIBIT P5 TRUE PHOTOCOPY OF THE REPORT OF THE KSRSEC
EXHIBIT P6 TRUE PHOTOCOPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 12.11.2024
