Kerala High Court
Aboobacker vs The Sub Collector, Ottapalam on 16 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:52679
WP(C) NO. 7135 OF 2025
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. 7135 OF 2025
PETITIONERS:
1 ABOOBACKER,
AGED 67 YEARS
S/O VEERANKUTTY, KURANGATTUVALAPPIL HOUSE,
NANDIYANKODU, KUTTANADU P.O, PATTAMBI, PALAKKAD,
PIN - 679533
2 AMINAKUTTY,
AGED 60 YEARS
S/O ABOOBACKER, KURANGATTUVALAPPIL HOUSE,
NANDIYANKODU, KUTTANADU P.O, PATTAMBI, PALAKKAD,
PIN - 679533
BY ADVS.
SHRI.K.R.PRATHISH
SHRI.P.K.SREEVALSAKRISHNAN
SRI.S.UNNIKRISHNAN (NELLAD)
SHRI.AKHIL BABU
SMT.KRISHNA DAS
SMT.HIMA A.S.
RESPONDENTS:
1 THE SUB COLLECTOR, OTTAPALAM,
OTTAPAPLAM REVENUE DIVISIONAL OFFICE, OTTAPALAM,
PALAKKAD, PIN - 679101
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WP(C) NO. 7135 OF 2025
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2 THE DEPUTY COLLECTOR, PALAKKAD (LR),
COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD, PIN - 678013
3 THE AGRICULTURAL OFFICER,
AGRICULTURAL OFFICER, NAGALASSERY KRISHI BHAVAN,
NAGALASSERY, PALAKKAD, PIN - 679533
4 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, 1ST FLOOR, VIKASBHAVAN, NEAR LEGISLATIVE
ASSEMBLY, UNIVERSITY OF KERALA SENATE HOUSE
CAMPUS, PMG, THIRUVANANTHAPURAM REP BY ITS CHIEF
OFFICER, PIN - 695033
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 16.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C) NO. 7135 OF 2025
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C.S.DIAS, J.
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W.P.(C) No.7135 of 2025
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Dated this the 16th day of July, 2025
JUDGMENT
The petitioners are the the co-owners in
possession of 14.90 Ares of land comprised in Survey
No.33/12B in Nagalassery Village, Pattambi 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 Ext.P4 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.P5 order, the authorised officer has
perfunctorily rejected Ext.P4 application, without
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WP(C) NO. 7135 OF 2025
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.P5 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 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 petitioners 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.P5 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
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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.P5 order is quashed.
(ii) The 1st respondent/authorised officer is directed
to reconsider Ext.P4 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.P4 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. 7135 OF 2025
APPENDIX OF WP(C) 7135/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED
21.05.2024 FOR THE YEAR 2024-2025 ISSUED
BY THE VILLAGE OFFICER IN THE NAME OF
THE PETITIONERS
EXHIBIT P2 PHOTOGRAPHS SHOWING THE PETITIONER
PROPERTY AS PURAYIDAM
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK SHOWING THE PETITIONER
PROPERTY SY. NO. 33/12B
EXHIBIT P4 TRUE COPY OF THE FROM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
REVENUE DIVISIONAL OFFICER DATED
20.10.2022
EXHIBIT P5 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT DATED 20.11.2023
