Kerala High Court

C.T.Shaji vs Revenue Divisional Officer on 28 January, 2025

W.P.(C) Nos.26801, 39524, 39888
     and                            1
40058 of 2022
                                                               2025:KER:6823



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

          TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946

                             WP(C) NO. 26801 OF 2022


PETITIONER:

              C.T.SHAJI, AGED 50 YEARS
              S/O.THOMAS, CHITILAPPILLY HOUSE,
              ANJOOR P.O, MUNDUR, THRISSUR DT.,, PIN - 680541


              BY ADVS.
              A.R.NIMOD
              M.A.AUGUSTINE




RESPONDENTS:

      1       REVENUE DIVISIONAL OFFICER, THRISSUR,
              COLLECTORATE, AYYANTHOLE, THRISSUR, PIN - 680003

      2       AGRICULTURAL OFFICER, KAIPARAMBU GRAMAPANCHAYATH,
              KRISHI BHAVAN, KRISHI BHAVAN ROAD, P.O, MUNDUR, THRISSUR
              DISTRICT,, PIN - 680546

      3       THE LOCAL LEVEL MONITORING COMMITTEE,
              KAIPARAMBU GRAMAPANCHAYATH, P.O MUNDUR,
              THRISSUR DISTRICT,, PIN - 680546

              GP RIYAL DEVASSY
              SC K.B.GANGESH



       THIS    WRIT    PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
28.01.2025, ALONG WITH WP(C).39888/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.26801, 39524, 39888
     and                            2
40058 of 2022
                                                               2025:KER:6823


                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

          TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946

                             WP(C) NO. 39524 OF 2022


PETITIONER:

              RIGI JOSE, AGED 45 YEARS
              W/O.C.T. SHAJI, CHITILAPPILLY HOUSE, ANJOOR P.O, MUNDUR,
              THRISSUR DT.,, PIN - 680541


              BY ADVS.
              A.R.NIMOD
              M.A.AUGUSTINE




RESPONDENTS:

      1       REVENUE DIVISIONAL OFFICER,THRISSUR,
              COLLECTORATE, AYYANTHOLE, THRISSUR, PIN - 680003

      2       AGRICULTURAL OFFICER, KAIPARAMBU GRAMAPANCHAYATH,
              KRISHI BHAVAN, KRISHI BHAVAN ROAD, P.O, MUNDUR,
              THRISSUR DISTRICT,, PIN - 680546

      3       THE LOCAL LEVEL MONITORING COMMITTEE,
              KAIPARAMBU GRAMA PANCHAYAT,
              P.O MUNDUR, THRISSUR DISTRICT,, PIN - 680546

              GP RIYAL DEVASSY
              SC K.B.GANGESH



       THIS    WRIT    PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
28.01.2025, ALONG WITH WP(C).39888/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.26801, 39524, 39888
     and                            3
40058 of 2022
                                                               2025:KER:6823

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

          TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946

                             WP(C) NO. 39888 OF 2022


PETITIONER:

              RIGI JOSE, AGED 45 YEARS
              W/O.C.T. SHAJI, CHITILAPPILLY HOUSE, ANJOOR P.O, MUNDUR,
              THRISSUR DT.,, PIN - 680541


              BY ADVS.
              A.R.NIMOD
              M.A.AUGUSTINE



RESPONDENTS:

      1       REVENUE DIVISIONAL OFFICER,
              THRISSUR, COLLECTORATE, AYYANTHOLE,
              THRISSUR, PIN - 680003

      2       AGRICULTURAL OFFICER,
              KAIPARAMBU GRAMAPANCHAYATH, KRISHI BHAVAN,
              KRISHI BHAVAN ROAD, P.O, MUNDUR,
              THRISSUR DISTRICT, PIN - 680546

      3       THE LOCAL LEVEL MONITORING COMMITTEE,
              KAIPARAMBU GRAMA PANCHAYAT,
              REPRESENTED BY ITS CONVENOR, P.O MUNDUR,
              THRISSUR DISTRICT, PIN - 680546

              GP RIYAL DEVASSY
              SC K.B.GANGESH



       THIS    WRIT    PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
28.01.2025, ALONG WITH WP(C).26801/2022, 39524/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.26801, 39524, 39888
     and                            4
40058 of 2022
                                                               2025:KER:6823


                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

          TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946

                             WP(C) NO. 40058 OF 2022


PETITIONER:

              C.T.SHAJI, AGED 50 YEARS
              S/O.THOMAS, CHITILAPPILLY HOUSE,
              ANJOOR P.O, MUNDUR, THRISSUR DT.,, PIN - 680541


              BY ADVS.
              A.R.NIMOD
              M.A.AUGUSTINE



RESPONDENTS:

      1       REVENUE DIVISIONAL OFFICER,
              THRISSUR, COLLECTORATE, AYYANTHOLE,
              THRISSUR, PIN - 680003

      2       AGRICULTURAL OFFICER,
              KAIPARAMBU GRAMAPANCHAYATH,
              KRISHI BHAVAN, KRISHI BHAVAN ROAD,
              P.O, MUNDUR, THRISSUR DISTRICT, PIN - 680546

      3       THE LOCAL LEVEL MONITORING COMMITTEE,
              KAIPARAMBU GRAMAPANCHAYATH,
              REPRESENTED BY ITS CONVENOR,
              KAIPARAMBU GRAMAPANCHAYATH, P.O MUNDUR,
              THRISSUR DISTRICT, PIN - 680546

              GP RIYAL DEVASSY
              SC K.B.GANGESH


       THIS    WRIT    PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
28.01.2025, ALONG WITH WP(C).39888/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.26801, 39524, 39888
     and                                     5
40058 of 2022
                                                                                         2025:KER:6823

                                     VIJU ABRAHAM, J.
                     .................................................................
                          W.P.(C) Nos.26801, 39524, 39888
                                                  and
                                          40058 of 2022
                     .................................................................
                      Dated this the 28th day of January, 2025


                                           JUDGMENT

In all these cases petitioners are challenging Ext.P3 order passed by

the 1st respondent and Ext.P8 decision of the LLMC finding that the property

cannot be removed from the data bank.

2. The contention of the petitioners is that the property in question are

lying as pucca garden land and they have converted it years before.

Petitioners contend that in the draft data bank produced as Ext.P10 in W.P.(C)

No.26801 of 2022 the property is included as "Panchayat ground" which has

been converted 15 years before. Thereupon petitioners have submitted Ext.P2

applications in Form 5 to remove the property from the data bank. It is the

case of the petitioners that the 1st respondent without considering any of the

contentions of the petitioners in a proper perspective rejected the applications

as per Ext.P3 solely relying on the report of the Agricultural Officer and the

KSRSEC report. Petitioners have produced Ext.P4 series of photographs to

show that the property is surrounded by a compound wall and that coconut

and mango trees older than 15 years are standing in the property. Petitioners

submit that the decision of the LLMC evidenced by Ext.P8 is also without W.P.(C) Nos.26801, 39524, 39888

40058 of 2022 2025:KER:6823

considering the factual situation available in the property. Petitioners submit

that in Ext.P9 KSRSEC report there is a clear finding that in the data of 2000

the plot bordered by a road on the northern side was observed under soil

exposed in the data of year 2002 and the plot observed under vegetation and

scattered trees. On the basis of the same it is contended that the reasons

stated for rejecting the applications as per Ext.P3 and the decision of the

LLMC not to remove the property from the data bank are liable to be interfered

with.

3. A statement has been filed by the 1st respondent in W.P.(C)

No.26801 of 2022 wherein it is stated that it is on the basis of the report of the

Agricultural Officer that the application was rejected by the 1st respondent. A

perusal of Ext.P3 order also would reveal that it is a cryptic order without any

details, solely relying on the report of the Agricultural Officer and on the basis

of the recommendation of the LLMC.

4. This Court in Salim C.K. and Another v. State of Kerala and

Others, 2017 (1) KHC 394 has held that the Data Bank that was

contemplated as per the provisions of the Act was to contain details only of

cultivable paddy land and wetland within the area of jurisdiction of LLMC

concerned. Further in Lalu P.S. v. State of Kerala, 2020 (5) KHC 490 has

held that the data bank to be prepared under the Act is the data bank of the

cultivable paddy land existing as on the date of the coming into force of the

Rules, i.e., 24.12.2008. In Joy v. Revenue Divisional Officer/Sub Collector, W.P.(C) Nos.26801, 39524, 39888

40058 of 2022 2025:KER:6823

2021 (1) KLT 433 it was held that it is the character and fitness of the land as

available on 12.08.2008, that matters, to include or exclude a land from the

data bank. This court in Arthasasthra Ventures (India) LLP v. State of

Kerala 2022 (4) KLT OnLine 1222 has held that the most relevant aspect

while considering Form-5 application is whether the land in question was a

paddy land or a wetland when the Act, 2008 came into force and whether the

land is fit for paddy cultivation and if the Revenue Divisional Officer was not

satisfied with the available materials, ought to have resorted to scientific data

including satellite photographs obtained from KSRSEC. This court in

Muraleedharan Nair v. Revenue Divisional Officer, 2023 (4) KLT 270 has

held that when the petitioner seeks removal of his land from the Data Bank, it

will not be sufficient for the Revenue Divisional Officer to dismiss the

application simply stating that the LLMC has decided not to remove the land

from Data Bank. The Revenue Divisional Officer being the competent

authority, has to independently assess the status of the land and come to a

conclusion that removal of the land from Data Bank will adversely affect paddy

cultivation in the land in question or in the nearby paddy lands or that it will

adversely affect sustenance of wetlands in the area and in the absence of

such findings, the impugned order is unsustainable. Further, this Court in

Aparna Sasi Menon v. Revenue Divisional Officer, 2023 (5) KLT 432 has

held that the predominant factor for consideration while considering the Form-

5 application should be whether the land which is sought to be excluded from W.P.(C) Nos.26801, 39524, 39888

40058 of 2022 2025:KER:6823

Data Bank is one where paddy cultivation is possible and feasible.

5. In spite of these categorical declaration by this Court in a catena of

judgments as cited above, the applications submitted by the petitioners have

been rejected solely relying on the report of the Agricultural Officer not to

remove the land from the data bank.

6. In view of the above, Exts.P8 and P9 orders are set aside with a

consequential direction to the 1st respondent to re-consider the Form-5

applications submitted by the petitioners taking into consideration the

KSRSEC report and take a final decision in the matter after considering the

relevant factors stipulated in Rule 4(4f) of the Kerala Conservation of Paddy

Land and Wetland Rules, 2008 and after conducting a site inspection within a

period of two months from the date of receipt of a copy of the judgment.

Petitioners will be free to file argument notes incorporating copies of the

judgments/documents relied on by them to substantiate their contentions and

the 1st respondent RDO while reconsidering the matter as directed above,

shall advert to the findings of this Court in the judgments cited supra and also

the contentions of the petitioners in the argument notes submitted by them.

With the abovesaid directions the writ petitions are disposed of.

Sd/-

VIJU ABRAHAM JUDGE cks W.P.(C) Nos.26801, 39524, 39888

40058 of 2022 2025:KER:6823

APPENDIX OF WP(C) 26801/2022

PETITIONER EXHIBITS

Exhibit- P1 A TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2021-2022 FOR THE PROPERTY NUMBERED 7963 DATED 26.02.2022

Exhibit- P2 TRUE COPY OF THE APPLICATION TO REMOVE PROPERTY FROM DATABANK DATED 22.02.2021

Exhibit- P3 TRUE COPY OF THE REJECTION ORDER BY THE 1ST RESPONDENT DATED 26-04-2022 RECEIVED ON 30-05.2022

Exhibit-P4 PHOTOGRAPHS OF THE PETITIONER'S PROPERTY

Exhibit-P5 TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER UNDER RTI ACT, DATED 08.06.2022

Exhibit-P6 TRUE COPY OF REPLY FOR EXT-P5 APPLICATION VIA LETTER DATED 06.07.2022

Exhibit-P7 TRUE COPY OF THE LLMC REPORT DATED 14.02.2022

Exhibit-P8 TRUE COPY OF THE DECISION BY LLMC DATED 14.02.2022

Exhibit-P9 TRUE COPY OF THE REPORT BY KSREC DATED 25.08.2021

Exhibit-P10 TRUE COPY OF THE RELEVANT EXTRACT OF DRAFT DATABANK DATED NIL

Exhibit-P11 PHOTOGRAPHS SHOWING THE SURROUNDING PROPERTIES NEXT TO PETITIONER W.P.(C) Nos.26801, 39524, 39888

40058 of 2022 2025:KER:6823

APPENDIX OF WP(C) 39524/2022

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2021-2022 FOR THE PROPERTY NUMBERED 7964 DATED 26.02.2022

Exhibit-P2 TRUE COPY OF THE APPLICATION TO REMOVE PROPERTY FROM DATABANK DATED 22.02.2021

Exhibit-P3 TRUE COPY OF THE REJECTION ORDER BY THE 1ST RESPONDENT DATED 23-07.2022

Exhibit-P4 PHOTOGRAPHS OF THE PETITIONER'S PROPERTY SHOWING IT FROM ALL SIDES

Exhibit-P5 TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER UNDER RTI ACT, DATED 06.09.2022

Exhibit-P6 TRUE COPY OF REPLY LETTER FOR EXT-P5 APPLICATION DATED 10.10.2022

Exhibit-P7 TRUE COPY OF THE LLMC REPORT DATED 25.04.2022 RECEIVED ALONG WITH EXT-P6

Exhibit-P8 TRUE COPY OF THE DECISION BY LLMC DATED 25.04.2022 RECEIVED ALONG WITH EXT-P6

Exhibit-P9 TRUE COPY OF THE REPORT BY KSREC DATED 25.08.2021 RECEIVED ALONG WITH EXT-P6

Exhibit-P10 COPY OF THE RELEVANT EXTRACT OF DRAFT DATABANK DATED NIL

Exhibit-P11 PHOTOGRAPHS SHOWING THE SURROUNDING PROPERTIES NEXT TO PETITIONER W.P.(C) Nos.26801, 39524, 39888

40058 of 2022 2025:KER:6823

APPENDIX OF WP(C) 39888/2022

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2021-2022 FOR THE PROPERTY NUMBERED 8141 DATED 26.02.2022

Exhibit-P2 TRUE COPY OF THE APPLICATION TO REMOVE PROPERTY FROM DATABANK DATED 22.02.2021

Exhibit-P3 TRUE COPY OF THE REJECTION ORDER WITH NUMBER D1-3992 BY THE 1ST RESPONDENT DATED 23-07.2022