Kerala High Court
Nalini M.C vs The District Collector on 17 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 17106 OF 2025 1
2025:KER:52912
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
WP(C) NO. 17106 OF 2025
PETITIONER:
NALINI M.C
AGED 53 YEARS
C/O. M.C VANIKUMAR, RESIDING AT URBANRISE REVOLUTION
ONE, F BLOCK, FLAT NO. 1112, PADUR, KANCHEEPURAM,
TAMILNADU, PIN - 603103
BY ADV SHRI.BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE MALAPPURAM, COLLECTORATE ROAD, UP HILL,
MALAPPURAM DISTRICT, PIN - 676505
2 THE REVENUE DIVISIONAL OFFICER
PERINTHALMANNA REVENUE DIVISIONAL OFFICE,
SHORNUR-PERINTHALMANNA ROAD, SHANTI NAGAR,
PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322
3 THE DEPUTY COLLECTOR (DM)
COLLECTORATE MALAPPURAM, COLLECTORATE ROAD,
UP HILL, MALAPPURAM DISTRICT, PIN - 676505
4 THE THAHSILDAR (LR)
NILAMBUR TALUK OFFICE, NILAMBUR, MALAPPURAM
DISTRICT, PIN - 679329
5 THE VILLAGE OFFICER
NILAMBUR VILLAGE OFFICE, NILAMBUR, MALAPPURAM
DISTRICT, PIN - 679329
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6 THE AGRICULTURAL OFFICER
NILAMBUR KRISHI BHAVAN, NILAMBUR, MALAPPURAM
DISTRICT, PIN - 679329
7 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
(KSREC)
1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR,
PIN - 695033
BY SMT.DEEPA V, GP
SRI.VISHNU S CHEMPAZHANTHIYIL, SC, KSREC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17106 OF 2025 3
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JUDGMENT
Dated this the 17th day of July, 2025
The petitioner is the owner in possession of 7
Ares of land comprised in Survey No.145/1-7 in
Nilambur Village, Nilambur 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.P3 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.P3 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.P5 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, her 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.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 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
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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 2nd respondent/authorised officer is
directed to reconsider Ext.P3 application, 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.P3 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
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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) 17106/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT BEARING NO.
KL10051203544/2024 DATED 03.04.2024
EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE
PUBLISHED DATA BANK OF NILAMBUR
MUNICIPALITY BEARING NO. K.B.N.B.R04/2020
DATED 21.01.2021
EXHIBIT P3 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER DATED
16.05.2024
EXHIBIT P4 TRUE COPY OF THE REPORT SUBMITTED BY THE
6TH RESPONDENT BEFORE THE 2ND
RESPONDENT/3RD RESPONDENT DATED 07.11.2024
EXHIBIT P5 TRUE COPY OF ORDER ISSUED BY THE 3RD
RESPONDENT DATED 01.01.2025 BEARING FILE
EXHIBIT P6 TRUE COPY OF PHOTOGRAPHS OF THE SUBJECT
PROPERTY OF THE PETITIONER
