Kerala High Court
Jiji K.S vs The District Collector on 17 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 17157 OF 2025 1
2025:KER:52911
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. 17157 OF 2025
PETITIONER:
JIJI K.S
AGED 43 YEARS
W/O. ANAND. S, RESIDING AT 9/42 SANKARATHUKADU,
MARUTHA ROAD, PALAKKAD, PALAKKAD DISTRICT, PIN -
678007
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.VIDYA KURIAKOSE, SR.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. 17157 OF 2025 3
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JUDGMENT
Dated this the 17th day of July, 2025
The petitioner is the owner in possession of 3
Ares and 64 sqm of land comprised in Survey No. 145/1-3
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 ExtP3 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 has also not
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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 Senior 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
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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
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
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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 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
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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
NAB
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APPENDIX OF WP(C) 17157/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT BEARING NO.
KL10051205439/2024 DATED 03.05.2024
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
15.05.2024
EXHIBIT P4 TRUE COPY OF THE REPORT SUBMITTED BY THE
6TH RESPONDENT BEFORE THE 2ND
RESPONDENT/3RD RESPONDENT DATED
28.10.2024
EXHIBIT P5 TRUE COPY OF THE ORDER ISSUED BY THE 3RD
RESPONDENT DATED 13.11.2024 BEARING FILE
EXHIBIT P6 TRUE COPY OF THE PHOTOGRAPHS OF THE
SUBJECT PROPERTY OF THE PETITIONER
