Kerala High Court
James C.M @ James Chittilappilly vs The District Collector on 16 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 14023 OF 2024 1
2025:KER:52529
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. 14023 OF 2024
PETITIONER:
JAMES C.M @ JAMES CHITTILAPPILLY,
AGED 60 YEARS
S/O. MATHU, CHITTILAPPILLY HOUSE, CHENGALUR,
PERAMANGALAM P.O, THRISSUR DISTRICT, PIN - 680545
BY ADV SMT. ARYA ASHOKAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION THRISSUR, FIRST FLOOR, COLLECTORATE,
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003
2 THE REVENUE DIVISIONAL OFFICER,
IRINJALAKKUDA REVENUE DIVISIONAL OFFICE, CIVIL
STATION ANNEX, IRINJALAKKUDA, THRISSUR DISTRICT,
PIN - 680125
3 THE TAHSILDAR,
MUKUNDAPURAM TALUK OFFICE, CHEMMANDA ROAD,
IRINJALAKKUDA, THRISSUR DISTRICT, PIN - 680125
4 THE VILLAGE OFFICER,
CHENGALUR VILLAGE OFFICE, CHENGALUR P.O, THRISSUR
DISTRICT, PIN - 680312
5 THE AGRICULTURAL OFFICER,
PUTHUKKAD KRISHI BHAVAN, RANDAMKALLU, CHENGALUR,
THRISSUR DISTRICT, PIN - 680312
6 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY THE AGRICULTURAL OFFICER, PUTHUKKAD
KRISHI BHAVAN, RANDAMKALLU, CHENGALUR, THRISSUR
DISTRICT, PIN - 680312
BY SMT.VIDYA KURIAKOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 14023 OF 2024 2
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JUDGMENT
Dated this the 16th day of July, 2025
The petitioner is the owner in possession of 43.81
Ares of land comprised in Survey Nos.597/PT8 and
597/PT20 in Chengalur Village, Mukundapuram 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 petitioner
had submitted Ext.P5 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.P6 order, the authorised officer has
perfunctorily rejected Ext.P5 application, without
inspecting the property directly or calling for satellite
images as envisaged under Rule 4(4f) of the Rules. He
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has also not rendered any independent finding regarding
the nature and character of the property as on
12.08.2008. Hence, Ext. P6 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 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
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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.P6 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. 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
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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.P6 order is quashed.
(ii). The 2nd respondent/authorised officer is
directed to reconsider Ext.P5application, in
accordance 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.P5
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
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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
NAB
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APPENDIX OF WP(C) 14023/2024
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE TAX RECEIPT BEARING NO.
KL08033801931/2023 DATED 18.05.2023
EXHIBIT-P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE
PUBLISHED DATA BANK OF PUTHUKKAD GRAMA
PANCHAYATH DATED 17-12-2020
EXHIBIT-P3 TRUE COPY OF THE KSREC REPORT BEARING NO.
A/172/2015/KSREC/005647/19 DATED
17.01.2020
EXHIBIT-P4 TRUE COPY OF THE REPORT OF THE 5TH AND
6TH RESPONDENTS DATED 22.12.2020
EXHIBIT-P5 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 18-05-2023
EXHIBIT-P6 TRUE COPY OF THE ORDER DATED 09.08.2023
BEARING FILE NO. 4393/2023 ISSUED BY THE
2ND RESPONDENT TO THE PETITIONER
EXHIBIT-P7 TRUE COPY PHOTO GRAPHS OF THE SUBJECT
PROPERTIES
