Kerala High Court
Kunhu, S/O. Mohammed vs The District Collector, Malappuram on 16 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:52686
WP(C) NO. 28619 OF 2024
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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. 28619 OF 2024
PETITIONER:
KUNHU, S/O. MOHAMMED
AGED 64 YEARS
UNNI, PERUMBUMKATTIL HOUSE, PERUMPADAPPA,
MALAPPURAM DISTRICT, PIN - 679580
BY ADV SHRI.K.K.MOHAMED RAVUF
RESPONDENTS:
1 THE DISTRICT COLLECTOR, MALAPPURAM
DISTRICT,CIVIL STATION, COLLECTORATE ROAD, UPHILL,
MALAPPURAM DISTRICT, PIN - 676505
2 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION,
TIRUR, MALAPPURAM DISTRICT, PIN - 676101
3 THE TAHSILDAR,
TALUK OFFICE, PONNANI, MALAPPRUAM DISTRICT,
PIN - 679577
4 THE VILLAGE OFFICER,
VILLAGE OFFICE, THAVANUR, MALAPPURAM DISTRICT,
PIN - 679573
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WP(C) NO. 28619 OF 2024
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5 THE AGRICULTURAL OFFICER,
AGRICULTURAL OFFICE, THAVANUR, MALAPPURAM
DISTRICT, PIN - 679573
6 THE LOCAL LEVEL MONITORING COMMITTEE,
THAVANUR GRAMA PANCHAYAT, THAVANUR P.O.,
REPRESENTED BY ITS CONVENER, THE AGRICULTURAL
OFFICER, THAVANUR, MALAPPURAM DISTRICT, PIN -
679573
SMT.PREETHA K.K, SR.GP
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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C.S.DIAS, J.
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W.P.(C) No.28619 of 2024
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Dated this the 16th day of July, 2025
JUDGMENT
The writ petition is filed to quash Ext.P13
proceedings of the 2nd respondent and direct the 3rd
respondent to effect necessary changes in the revenue
records as per Exts.P7 and P8 orders.
2. The petitioner is the owner in possession of
4.04 Ares of land Re-Survey No.108/3-4 in Thavanur
Village, covered under Ext.P1 sale deed. The property is
classified as a 'garden land' in Ext.P1 deed. However, in
the revenue records, the property was classified as
'nilam' (paddy land). By Ext.P7 proceedings, the property
was excluded from the data bank. Consequently, the
petitioner had submitted a Form-6 application under
Section 27A read with Rule 12(1) of the Kerala
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Conservation of Paddy Land and Wetland Act and Rules,
2008 ('Act and Rules' in short), to change the nature of
the classification of the property in the revenue records.
By Ext.P8 order, the Form-6 application was allowed and
the petitioner was directed to pay the conversion fee as
per the Schedule to Rule 12(9) of the Rules. Accordingly,
the petitioner remitted the fee as per Ext.P9 receipt. On
the strength of Ext.P8 order, the petitioner's son was
issued with a letter of intent to commission a petroleum
retail outlet in the property. Surprisingly, by Ext.P13
proceedings, the 2nd respondent has rejected the Form-6
application allegedly for the reason that the Village
Officer has reported that, out of the total extent of 58
cents in the above said survey number, 36 cents of land
is still classified as paddy land and included in the data
bank. Ext.P13 proceedings are illegal and arbitrary.
Hence, the writ petition.
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3. In the statement of the 1st respondent it is
stated that, the petitioner's Form-6 application was
forwarded to the Village Officer for enquiry and report.
In the site inspection conducted by the Village officer, he
found that, out of the total extent of 58 cents in the said
survey number, 36 cents of land still remains classified
as paddy land. In light of the said report, the petitioner's
Form-6 application was rejected. There is no error in
Ext.P13 proceedings.
4. Heard; the learned Counsel for the petitioner
and the learned Senior Government Pleader.
5. It is not in dispute that, by Ext.P7 order, the
petitioner's property was excluded from the data bank.
After that, the petitioner's Form-6 application was
allowed by Ext.P8 order on 09.05.2022 and the petitioner
remitted the conversion fee on 13.05.2022 as evidenced
by Ext.P9 receipt. Acting on Ext.P8 order, the
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petitioner's son has started a Petroleum Retail Outlet.
6. Like a bolt from the blue, nearly after one and a
half years, the 2nd respondent has passed Ext.P13
proceedings, allegedly based on the report of the Village
Officer that 36 cents of land out of the total extent of 58
cents in the same survey number continues to be
classified as paddy land. I find the said proceedings to be
untenable for more reasons than one.
7. Firstly, by Ext.P7 order, the property covered
under Ext.P1 sale deed, having an extent of 4.04 Ares
(9.98 cents) of land comprised in Survey No.108/3-4 in
Thavanur Village, has been excluded from the data bank.
8. It is settled law that, once a property is
excluded from the data bank, then the same property
cannot be re-included in the data bank without following
the due process of law, especially after hearing the land
owner. Also, it is no one's case that the above property
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has been re-included in the data bank.
9. Secondly, the petitioner's Form-6 application
was allowed by Ext.P8 order, permitting to change the
nature of the property in the revenue records. On the
basis of the said order, the petitioner remitted the
conversion fee as evidenced by Ext.P9 receipt. In light of
the passing of Ext.P8 order, the 2 nd respondent has
become functus officio, and he does not have the power
to review his own orders.
10. Thirdly, in view of passing Ext.P7 order, the 2nd
respondent cannot now contend that the property
continues to be classified as paddy land in the data bank.
11. Lastly, going by the statement of the 2 nd
respondent, it is evident that only an extent of 36 cents
of property, out of the total extent of 58 cents in the
same survey number, is seen classified as paddy land.
Therefore, 22 cents of land is not classified as paddy
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land. In light of Exts.P7 and P8 orders, it is only to be
inferred and presumed that the petitioner's property falls
within the 22 cents of converted land.
In the aforesaid circumstances, I have no hesitation
to order that Ext.P13 proceedings is patently erroneous
and unsustainable in law, and are liable to be quashed.
Accordingly, I quash Ext.P13 proceedings and direct the
3rd respondent to carry out the consequential changes in
the revenue records, based on the directions in Ext.P8
order and as per the procedure envisaged under the Act
and the Rules. The above exercise shall be carried out
within one month from the date of production of a copy
of the judgment.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 28619 OF 2024
APPENDIX OF WP(C) 28619/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 376/2018
OF EDAPPAL SRO
EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED
11/5/2023 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P3 TRUE COPY OF SKETCH SHOWING THE LOCATION
OF THE PROPERTY
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED
11/11/2019 IN FORM NO. 6 OF THE KERALA
CONSERVATION OF PADDY LAND AND WET LAND
RULES, 2008 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 5/11/2019
FOR PAYMENT OF FESS OF RS.1,000/- ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED
6/8/2020 IN FORM NO. 5 OF THE KERALA
CONSERVATION OF PADDY LAND AND WET LAND
RULES, 2008 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT
EXHIBIT P7 TRUE COPY OF ORDER NO. RDOTIR/2227/20/K1
DATED 15.3.2022 OF THE 2ND RESPONDENT
EXHIBIT P8 TRUE COPY OF THE ORDER NO.
RDOTIR/1438/19/K1 DATED 9/5/2022 OF THE
2ND RESPONDENT
EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED 13/5/2022
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 5/12/2023
ISSUED FROM HINDUSTAN PETROLEUM
CORPORATION LTD. TO MOHAMMED MABROOK,
EXHIBIT P11 TRUE COPY OF THE LETTER DATED 15/1/2024
ISSUED FROM HINDUSTAN PETROLEUM
CORPORATION LTD. TO MOHAMMED MABROOK
EXHIBIT P12 TRUE COPY OF THE AADHAR CARD OF MOHAMMED
MABROOK, THE SON OF THE PETITIONER
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WP(C) NO. 28619 OF 2024
EXHIBIT P13 TRUE COPY OF THE PROCEEDING NO.
RDOTIR/1438/2019/K1 DATED 17/11/2023 OF
THE 2ND RESPONDENT
