Kerala High Court
Vahida Muhammed Ashraf vs Sub Collector/ Revenue Divisional ... on 20 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 4181 OF 2025 1 2025:KER:63010
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. 4181 OF 2025
PETITIONER:
VAHIDA MUHAMMED ASHRAF,
AGED 48 YEARS
W/O ASHRAF, 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), AGRICULTURA OFFICE,
KRISHI BHAVAN AZHIKODE, AZHIKODE, AZHIKODE SOUTH,
KANNUR, KERALA, PIN - 670009
3 AGRICULTURAL OFFICER,
AGRICULTURAL OFFICE, KRISHI BHAVAN AZHIKODE,
AZHIKODE, AZHIKODE SOUTH, KANNUR, KERALA, PIN -
670009
4 VILLAGE OFFICER,
AZHIKODE NORTH VILLAGE OFFICE, AZHIKODE VILLAGE,
AZHIKODE, AZHIKODE SOUTH, KANNUR, KERALA, PIN -
670009
WP(C) NO. 4181 OF 2025 2 2025:KER:63010
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. 4181 OF 2025 3 2025:KER:63010
C.S.DIAS, J.
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WP(C) No. 4181 OF 2025
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Dated this the 20th day of August, 2025
JUDGMENT
The petitioner is the owner in possession of 2 Ares
and 3 square meters of land comprised in Re-Survey No.
137/112 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
WP(C) NO. 4181 OF 2025 4 2025:KER:63010
without either conducting a personal inspection of the
land or calling for 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
WP(C) NO. 4181 OF 2025 5 2025:KER:63010
[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.
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
WP(C) NO. 4181 OF 2025 6 2025:KER:63010
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.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
WP(C) NO. 4181 OF 2025 7 2025:KER:63010
of 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
SCB.20.08.25.
WP(C) NO. 4181 OF 2025 8 2025:KER:63010
APPENDIX OF WP(C) 4181/2025
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.80506714 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. 1/
Exhibit P4 A TRUE COPY OF ORDER PASSED BY 1ST
RESPONDENT WITH FILE NO. 45/2024 DATED
03.10.2024
