Kerala High Court
Althaf vs The District Collector on 16 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:52582
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. 33157 OF 2023
PETITIONER:
ALTHAF,
AGED 29 YEARS
S/O AYYOOB,KOMBIYULLATHIL,
THAZHEKUNIYIL, NADAPURAM,
KOZHIKODE, PIN - 673504
BY ADV SMT. ARYA ASHOKAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION,
WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE, PIN - 673020
2 THE REVENUE DIVISIONAL OFFICER,
VADAKARA REVENUE DIVISIONAL OFFICE,
PUTHIYAPPU, VADAKARA,
KOZHIKODE, PIN - 673101
3 THE TAHSILDAR(LR),
VADAKARA TALUK OFFICE, VADAKARA,
KOZHIKODE, PIN - 673101
4 VILLAGE OFFICER,
NADAPURAM VILLAGE OFFICE,
NADAPURAM,KOZHIKODE, PIN - 673504
5 THE AGRICULTURAL OFFICER,
NADAPURAM KRISHIBHAVAN,NADAPURAM,
KOZHIKODE, PIN - 673504
WP(C) NO. 33157 OF 2023 2
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6 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER,
THE AGRICULTURAL OFFICER,
NADAPURAM KRISHIBHAVAN, NADAPURAM,
KOZHIKODE, PIN - 673504
7 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
1ST FLOOR, VIKAS BHAVAN,
NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM, PIN - 695033
REPRESENTED BY ITS DIRECTOR
OTHER PRESENT:
SENIOR GOVERNMENT PLEADER- SMT.PREETHA K.K.,
STANDING COUNSEL- SRI.VISHNU S. CHEMPAZHNTHIYIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33157 OF 2023 3
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JUDGMENT
Dated this the 16th day of July, 2025
The petitioner is the owner in possession of 3.64
Ares of land comprised in Survey No. 31/28 of
Nadapuram Village, Vadakara 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
'wetland' and included it in the data bank. To exclude the
property from the data bank, the petitioner had
submitted a Form 5 application in 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 under Rule 4(4f) of the Rules. He has also
not rendered any independent finding regarding the
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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 'wetland'. 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 exclude a
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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. Instead, by solely relying on the report of
the Village 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
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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 second respondent/authorised officer is
directed to reconsider the Form 5 application filed by
the petitioner, 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 the Form 5 application, in
accordance with law and as expeditiously as possible,
at any rate, within three months from the date of the
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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
mtk/16.07.25
2025:KER:52582
APPENDIX OF WP(C) 33157/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT
NO.KL11031708373/2023 DATED 04.07.2023
EXHIBIT P2 THE TRUE COPY OF THE EXTRACT OF THE DRAFT
DATA BANK
EXHIBIT P3 TRUE COPY OF REPORT DATED 11.11.2022
SUBMITTED BY THE 4TH RESPONDENT TO 2ND
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 29.11.2022
BEARING FILE NO. 2641/2022 ISSUED BY 2ND
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPHS OF THE
SUBJECT PROPERTY
RESPONDENT ANNEXURES
ANNEXURE R2(B) A TRUE COPY OF THE PURCHASE LAND ON
01.08.2022 VIDE DOCUMENT NO.1319/2022
ANNEXURE R2(A) A TRUE COPY OF THE STOP MEMO ISSUED BY THE
VILLAGE OFFICER DATED 11.11.2022
