Kerala High Court
Soubhagyavathy K.B vs The District Collector on 15 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:52174
WP(C) NO. 5603 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 5603 OF 2025
PETITIONER:
SOUBHAGYAVATHY K.B.,
AGED 71 YEARS
W/O. RAMAKRISHNAN V.R., VALIYAVALAPPIL HOUSE,
AKKARAPPURAM, KURICHIKKARA PO, MADAKKATHARA,
THRISSUR DISTRICT, PIN - 680028
BY ADVS.
SRI.BIJU .C. ABRAHAM
SHRI.THOMAS C.ABRAHAM
SHRI.BASIL MATHEW
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT COLLECTOR, FIRST FLOOR,
CIVIL STATION, CIVIL LINES ROAD, KALAYAN NAGAR,
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, FIRST
FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALAYAN
NAGAR, AYYANTHOLE, THRISSUR DISTRICT, PIN -
680003
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WP(C) NO. 5603 OF 2025
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3 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR AND AGRICULTURAL
OFFICER, KRISHI BHAVAN, AYYANTHOLE, THRISSUR
DISTRICT, PIN - 680003
4 THE VILLAGE OFFICER,
MADAKKATHARA VILLAGE OFFICE, VELLANISSERY,
THANIKKUDAM, THRISSUR DISTRICT, PIN - 680651
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 15.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C) NO. 5603 OF 2025
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C.S.DIAS, J.
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W.P.(C) No.5603 of 2025
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Dated this the 15th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 3.14
Ares of land comprised in Survey No.384/2-13 in
Madakkathara Village in Thrissur Taluk, covered under
Ext.P2 land tax receipt. The property is a converted
land. It is not suitable for paddy cultivation. However,
the respondents have erroneously classified the
property as 'paddy land' and included it in the data
bank. To exclude the property from the data bank, the
petitioner had submitted Ext.P3 application in Form 5
under Rule 4(4d) of the Kerala Conservation of Paddy
Land and Wetland Rules, 2008 ('Rules' in short). But,
by the impugned Ext.P4 order, the authorised officer
has perfunctorily rejected Ext.P3 application, without
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inspecting the property directly or calling for satellite
images as envisaged under Rule 4(4f) of the Rules. He
has also not rendered any independent finding
regarding the nature and character of the property as
on 12.08.2008. Hence, Ext.P4 order is illegal and
arbitrary, and is liable to be quashed.
2. Heard; the learned counsel for the petitioner
and the learned Government Pleader.
3. The petitioner's specific case is that, his
property is a converted land. It is not suitable for paddy
cultivation. But, the property has been erroneously
classified in the data bank as paddy land. Even though
the petitioner had submitted a Form 5 application, to
exclude the property from the data bank, the same has
been rejected by the authorised officer without any
application of mind.
4. In a host of judicial pronouncements, this
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Court has emphatically held that, it is the nature, lie,
character and fitness of the land, and whether the land
is suitable for paddy cultivation as on 12.08.2008 i.e.,
the date of coming into force of the Act, are the
relevant criteria to be ascertained by the Revenue
Divisional Officer to exclude a property from the data
bank (read the decisions of this Court 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 and others (2021
(1) KLT 433)).
5. Ext.P4 order establishes that the authorised
officer has not directly inspected the property or called
for the satellite images as envisaged under Rule 4(4f) of
the Rules. He has also not rendered any independent
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finding regarding the nature and character of the
property as on 12.08.2008, or whether the removal of
the property from the data bank would adversely affect
the paddy cultivation in the locality. Instead, by solely
relying on the report of the Agricultural Officer, the
impugned order has been passed. Thus, I am satisfied
that the impugned order has been passed without any
application of mind, and the same is liable to be
quashed and the authorised officer be directed to
reconsider the matter afresh, in accordance with law,
after adverting to the principles of law laid down by
this Court in the aforesaid decisions and the materials
available on record.
Accordingly, I allow the writ petition in the
following manner:
(i) Ext.P4 order is quashed.
(ii) The 2nd respondent/authorised officer is directed
to reconsider Ext.P3 application, in accordance
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with law. It would be up to the authorised
officer to either directly inspect the property or
call for satellite images, as per the procedure
provided under Rule 4(4f), at the expense of the
petitioner.
(iii) If the authorised officer calls for the satellite
images, he shall consider Ext.P3 application, in
accordance with law and as expeditiously as
possible, at any rate, within three months from
the date of the receipt of the satellite images.
In case he directly inspects the property, he
shall dispose of the application within two
months from the date of production of a copy of
this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 5603 OF 2025
APPENDIX OF WP(C) 5603/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED BEARING NO.
973/I/2021 DATED 25/6/2021 OF OLLUKKARA
SRO
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED
15/06/2024 EVIDENCING THE PAYMENT OF TAX
FOR THE YEAR 2024-25
EXHIBIT P3 TRUE COPY OF THE FORM-5 APPLICATION
DATED 03/09/2024 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 26/11/2024
PASSED BY THE 2ND RESPONDENT REJECTING
EXT. P3 APPLICATION OF THE PETITIONER
EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
LIE AND NATURE OF THE LAND COVERED BY
EXT. P1 AND ITS SURROUNDINGS
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED
26/10/2023 PASSED BY THIS HON'BLE COURT
