Kerala High Court
Nisar Kuniyilakath vs Sub Collector/ Revenue Divisional ... on 20 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 4231 OF 2025 1 2025:KER:63006
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 20TH DAY OF AUGUST 2025 / 29TH SRAVANA, 1947
WP(C) NO. 4231 OF 2025
PETITIONER:
NISAR KUNIYILAKATH,
AGED 54 YEARS
S/O HAMSA K, RAZIK MANZIL, NEAR JUMA MASJID, THAYYIL,
KANNUR, KERALA, PIN - 670003
BY ADVS.
SHRI.MOHAMMED NIHAD
SMT.SIMRAN
SHRI.NITHEESH.M
SHRI.SUSHANTH.J.
RESPONDENTS:
1 SUB COLLECTOR/ REVENUE DIVISIONAL OFFICER,
OFFICE OF THE SUB COLLECTOR/ REVENUE DIVISIONAL OFFICER,
AZHIKODE POST, KANNUR TALUK, KANNUR DISTRICT, KERALA, PIN
- 670141
2 LOCAL LEVEL MONITORING COMMITTEE,
CONSTITUTED UNDER THE KERALA CONSERVATION OF PADDY LAND
AND WET LAND ACT, 2008),AGRICULTURAL OFFICE, KRISHI BHAVAN
AZHIKODE, AZHIKODE SOUTH, AZHIKODE, KANNUR, KERALA, PIN -
670009
3 AGRICULTURAL OFFICER,
AGRICULTURAL OFFICE, KRISHI BHAVAN AZHIKODE, AZHIKODE
SOUTH, AZHIKODE, KANNUR, KERALA, PIN - 670009
4 VILLAGE OFFICER,
AZHIKODE NORTH VILLAGE OFFICE, AZHIKODE NORTH VILLAGE,
AZHIKODE SOUTH, AZHIKODE, KANNUR, KERALA, PIN - 670009
GP.SMT.DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4231 OF 2025 2 2025:KER:63006
C.S.DIAS, J.
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WP(C) No. 4231 OF 2025
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Dated this the 20th day of August, 2025
JUDGMENT
The petitioner is the owner in possession of 4 Ares
and 8 square meters of land comprised in Re-Survey No.
137/109 of Azhikode North Village, Kannur Taluk,
covered under Ext.P1 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.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 either
conducting a personal inspection of the land or calling for
WP(C) NO. 4231 OF 2025 3 2025:KER:63006
the 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], Sudheesh U v. The Revenue
WP(C) NO. 4231 OF 2025 4 2025:KER:63006
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.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 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 surrounding paddy fields. In light of the above
findings, I hold that the impugned order was passed in
WP(C) NO. 4231 OF 2025 5 2025:KER:63006
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.P4 order is quashed.
(ii) The 1st respondent/authorised officer is directed
to reconsider the Form 5 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 receipt of such pictures. On the other hand, if the
authorised officer opts to inspect the property
WP(C) NO. 4231 OF 2025 6 2025:KER:63006
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
SCB.20.08.25.
WP(C) NO. 4231 OF 2025 7 2025:KER:63006
APPENDIX OF WP(C) 4231/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF BASIC TAX RECEIPT DATED
23.10.2024 ISSUED FROM AZHIKODE NORTH
VILLAGE OFFICE IN FAVOUR OF PETITIONER
EVIDENCING PAYMENT OF LAND TAX FOR THE
PERIOD 2024-25
Exhibit P2 A TRUE COPY OF POSSESSION CERTIFICATE DATED
15.09.2023 WITH NO.80506918 ISSUED IN
FAVOUR OF PETITIONER FROM AZHIKODE NORTH
VILLAGE OFFICE
Exhibit P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER IN FORM NO.5 OF THE KERALA
CONSERVATION OF PADDY LAND AND WETLAND ACT,
2008 BEFORE THE 1ST RESPONDENT WITH
APPLICATION NO. 2/ 2023/1759010
Exhibit P4 A TRUE COPY OF ORDER PASSED BY 1ST
RESPONDENT WITH FILE NO. 48/2024 DATED
03.10.2024
