Kerala High Court
Nalini M vs The District Collector on 16 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
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WP(C) NO. 21771 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
WP(C) NO. 21771 OF 2024
PETITIONERS:
1 NALINI M.,
AGED 84 YEARS
W/O. BALAKRISHNAN, MOOTHAYIL, KAKKUZHIPALAM,
EDAKKAD P.O., KOZHIKODE DISTRICT, PIN - 673005
2 SHYJA M.,
AGED 57 YEARS
D/O. BALAKRISHNAN, MOOTHAYIL, KAKKUZHIPALAM,
EDAKKAD P.O., KOZHIKODE DISTRICT, PIN - 673005
BY ADV SMT. ARYA ASHOKAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION KOZHIKODE, WAYANAD ROAD,
ERANHIPPALAM, KOZHIKODE DISTRICT, PIN - 673020
2 THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION
KOZHIKODE, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE
DISTRICT, PIN - 673020
3 THE TAHSILDAR,
KOZHIKODE TALUK OFFICE, CIVIL STATION KOZHIKODE,
WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE DISTRICT,
PIN - 673020
4 THE VILLAGE OFFICER,
VENGERI VILLAGE OFFICE, B BLOCK, GROUND FLOOR,
CIVIL STATION KOZHIKODE, WAYANAD ROAD,
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2
ERANHIPPALAM, KOZHIKODE DISTRICT, PIN - 673020
5 THE AGRICULTURAL OFFICER,
KOZHIKODE KRISHI BHAVAN, PUTHIYARA, KOZHIKODE
DISTRICT, PIN - 673004
SR.GP SMT. VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
Dated this the 16th day of July, 2025
The petitioners are the co-owners in possession
of 7 Ares and 9401 Sq. metres of land comprised in
Survey No. 54/31 in Vengeri Village, Kozhikode Taluk,
covered under Ext.P1 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 petitioners had submitted a
Form 5 application 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 the
Form 5 application, without inspecting the property
directly or calling for satellite images as envisaged
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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 petitioners
and the learned Government Pleader.
3. The petitioners' specific case is that, their
property is a paddy 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
Court has emphatically held that, it is the nature, lie,
character and fitness of the land, and whether the land
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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
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. In fact, by Ext.P3
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report, the Agricultural Officer has reported that the
petitioners' property can be excluded from the data
bank. Notwithstanding the said observation and without
directly inspecting the property, 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 the Form 5 application, in
accordance with law. It would be up to the
authorised officer to either directly inspect the
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property or call for satellite images, as per the
procedure provided under Rule 4(4f), at the
expense of the petitioners.
(iii) If the authorised officer calls for the
satellite images, he shall consider the Form 5
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
rmm/16/7/2025
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APPENDIX OF WP(C) 21771/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE TA
X RECEIPT BEARING NO. KL11015215447
DATED 07.11.2023
Exhibit-P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE
DRAFT DATABANK
Exhibit-P3 TRUE COPY OF THE REPORT DATED 20.04.2022
ISSUED BY THE 5TH RESPONDENT BEFORE THE
2ND RESPONDENT
Exhibit-P4 TRUE COPY OF THE ORDER NO.C6-4658/2021-
C6 DATED 19.12.2022 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONERS
Exhibit-P5 TRUE COPY OF THE LETTER BEARING NO.
DCKKD/6849/2023-L 12 DATED 09.07.2023
ISSUED BY THE DEPUTY COLLECTOR ON BEHALF
OF 1ST RESPONDENT TO THE PETITIONERS
Exhibit-P6 TRUE COPY OF THE PHOTOGRAPHS OF THE
SUBJECT PROPERTY
