Kerala High Court
Sojan vs The Revenue Divisional Officer, ... on 21 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 27565 OF 2025 1 2025:KER:63530
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
WP(C) NO. 27565 OF 2025
PETITIONERS:
1 SOJAN
AGED 68 YEARS
S/O ANTONY, NADUKUDIYIL HOUSE, VAZHAPPILLY KARA,
MARKET P.O MUVATTUPUZHA, ERNAKULAM, PIN - 686673
2 MATHEW
AGED 98 YEARS
S/O UTHUPP, NELLIKKAL HOUSE MARKET P.O, MUVATTUPUZHA,
ERNAKULAM, PIN - 686673
3 MATHAI
AGED 88 YEARS
S/O VARKEY POTHANAMMUZHIYIL HOUSE, MARKET P.O
MUVATTUPUZHA, ERNAKULAM, PIN - 686673
4 BABY
AGED 73 YEARS
S/O MATHEW, NELLIKKAL HOUSE MARKET P.O, MUVATTUPUZHA,
ERNAKULAM, PIN - 686673
5 BABU
AGED 67 YEARS
S/O VARKEY, THOTTATHIL HOUSE VAZHAPPILLY KARA, MARKET
P.O MUVATTUPUZHA, ERNAKULAM, PIN - 686673
BY ADVS.
SHRI.K.R.PRATHISH
SHRI.P.K.SREEVALSAKRISHNAN
SRI.S.UNNIKRISHNAN (NELLAD)
SHRI.AKHIL BABU
SMT.KRISHNA DAS
SMT.HIMA A.S.
WP(C) NO. 27565 OF 2025 2 2025:KER:63530
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA
REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA MINI CIVIL
STATION, MUDAVOOR P.O., ERNAKULAM DISTRICT, PIN -
686669
2 THE LOCAL LEVEL MONITORING COMMITTEE
MUVATTUPUZHA MUNICIPALITY, MINI CIVIL STATION,
MUVATTUPUZHA, ERNAKULAM REP BY CONVENER AGRICULTURAL
OFFICER, PIN - 686673
3 THE AGRICULTURAL OFFICER
MUVATTUPUZHA KRISHI BHAVAN, MINI CIVIL STATION,
MUVATTUPUZHA, ERNAKULAM, PIN - 686673
SR GP SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27565 OF 2025 3 2025:KER:63530
C.S.DIAS, J.
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WP(C) No.27565 OF 2025
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Dated this the 21st day of August, 2025
JUDGMENT
The petitioners are the owners in possession of
different extent of land in various survey numbers in
Velloorkunnam Village, Muvattupuzha Taluk, covered
under Exts.P1 to P5 land tax receipts. The properties are
converted lands. It is not suitable for paddy cultivation.
However, the respondents have erroneously classified the
properties as 'paddy land' and included the properties in
the data bank. To exclude the properties from the data
bank, the petitioners have submitted Exts.P7 to P11
applications before the 1st respondent on 13.04.2025, in
Form 5 under Rule 4(4d) of the Kerala Conservation of
Paddy Land and Wetland Rules, 2008 ('Rules' in short). But,
the same is not considered till date. Hence, the writ
petition.
2. Heard; the learned counsel for the
petitioners and the learned Government Pleader.
WP(C) NO. 27565 OF 2025 4 2025:KER:63530
3. On a consideration of the facts and the
materials on record, especially that Exts.P7 to P11
applications are pending consideration before the 1st
respondent since 13.04.2025, 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 3rd 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 1st 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 Exts.P7 to P11 applications, 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
SCB.21.08.25.
WP(C) NO. 27565 OF 2025 5 2025:KER:63530
APPENDIX OF WP(C) 27565/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
12.06.2025 ISSUED BY THE VILLAGE OFFICER
FOR THE YEAR 2025-2026 FOR 1.21 ARES IN
THE NAME OF THE 1ST PETITIONER
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
13.04.2023 ISSUED BY THE VILLAGE OFFICER
FOR THE YEAR 2023-2024 FOR 1.21 ARES IN
THE NAME OF THE 2ND PETITIONER
Exhibit P3 TRUE COPY OF THE TAX RECEIPT DATED
13.04.2023 ISSUED BY THE VILLAGE OFFICER
FOR THE YEAR 2023-2024 FOR 1.21 ARES IN
THE NAME OF THE 3RD PETITIONER
Exhibit P4 TRUE COPY OF THE TAX RECEIPT DATED
13.04.2023 ISSUED BY THE VILLAGE OFFICER
FOR THE YEAR 2023-2024 FOR 1.21 ARES IN
THE NAME OF THE 4TH PETITIONER
Exhibit P5 TRUE COPY OF THE TAX RECEIPT DATED
13.04.2023 ISSUED BY THE VILLAGE OFFICER
FOR THE YEAR 2023-2024 FOR 2.34 ARES IN
THE NAME OF THE 5TH PETITIONER AND SUNNY
MATHEW
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE
DATA BANK OF PETITIONERS PROPERTY
Exhibit P7 TRUE COPY OF THE FORM 5 APPLICATION DATED
13.04.2023 SUBMITTED BY THE 1ST PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P8 TRUE COPY OF THE FORM 5 APPLICATION DATED
13.04.2023 SUBMITTED BY THE 2ND PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P9 TRUE COPY OF THE FORM 5 APPLICATION DATED
13.04.2023 SUBMITTED BY THE 3RD PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P10 TRUE COPY OF THE FORM 5 APPLICATION DATED
13.04.2023 SUBMITTED BY THE 4TH PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P11 TRUE COPY OF THE FORM 5 APPLICATION DATED
13.04.2023 SUBMITTED BY THE 5TH PETITIONER
ALONG WITH SUNNY MATHEW BEFORE THE 1ST
RESPONDENT
