Kerala High Court
Mumthaz. A.S vs District Collector on 17 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:52919
WP(C) NO. 20313 OF 2024
1
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. 20313 OF 2024
PETITIONER:
MUMTHAZ. A.S.,
AGED 42 YEARS
W/O. MUJEEB ABDULLA, ZULAIKHA MANZIL, CHIRIKKAL
CHEMNAD, KASARAGOD DISTRICT., PIN - 671317
BY ADVS.
SRI.PUSHPARAJAN KODOTH
SHRI.K.JAYESH MOHANKUMAR
SMT.VANDANA MENON
SRI.VIMAL VIJAY
RESPONDENTS:
1 DISTRICT COLLECTOR,
KASARAGOD CIVIL STATION COMPOUND, VIDHYA NAGAR,
KASARAGOD., PIN - 671123
2 REVENUE DIVISIONAL OFFICER,
CIVIL STATION COMPOUND, VIDHYA NAGAR, KASARAGOD.,
PIN - 671123
3 TAHSILDAR (LAND RECORDS),
KASARAGOD, TALUK OFFICE, KASARAGOD., PIN - 671121
4 VILLAGE OFFICER,
PERUMBALA VILLAGE, KASARAGOD TALUK, KASARAGOD.,
PIN - 671317
5 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY THE AGRICULTURE OFFICER, KRISHI
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WP(C) NO. 20313 OF 2024
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BHAVAN, CHEMNAD, KASARAGOD DISTRICT., PIN - 671317
6 AGRICULTURE OFFICER,
KRISHI BHAVAN, CHEMNAD, KASARAGOD DISTRICT., PIN -
671317
7 CHEMNAD GRAMA PANCHAYATH,
REPRESENTED BY THE SECRETARY, CHENMAD P.O.,
KASARAGOD - 671317.
BY ADVS.
SRI.M.S.IMTHIYAZ AHAMMED
SRI.SHIRAZ ABDULLA M.S.
SR.GP SMT. VIDYA KURISKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 20313 OF 2024
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JUDGMENT
Dated this the 17th day of July, 2025
The petitioner is the owner in possession of
70.3 cents of land comprised in Re-Survey Nos.
22/10PT2, 22/10PT6, 22/12PT1 and 22/12PT2 in
Perumbala Village, Kasargod Taluk. 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 a
From 5 application 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 2nd respondent has perfunctorily rejected the Form
5 application, without inspecting the property directly
or calling for satellite images as envisaged under Rule
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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. Hence,
Ext. P4order is illegal and arbitrary, and is liable to
be quashed.
2. Heard; the learned counsel for the petitioner,
the learned Senior Government Pleader and the learned
Standing Counsel for the 7th respondent.
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
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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 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 Agricultural Officer, who in
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turn has relied on the recommendation of the Local
Level Monitoring Committee, 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 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.P4order is quashed.
(ii). The 2nd respondent/authorised officer is
directed to reconsider the Form 5 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.
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(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 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
rmm/17/7/2025
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WP(C) NO. 20313 OF 2024
APPENDIX OF WP(C) 20313/2024
PETITIONER EXHIBITS
Exhibit P1 PHOTOGRAPH SHOWING THE PROPERTY OF THE
PETITIONER AND THODU.
Exhibit P2 PHOTOGRAPH SHOWING THE PROPERTY OF THE
PETITIONER AND TARRED ROAD.
Exhibit P3 PHOTOGRAPH SHOWING THE PROPERTY OF THE
PETITIONER AND TARRED ROAD.
Exhibit P4 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT REJECTING FORM 5 APPLICATION
FILED BY THE PETITIONER DATED
09.10.2023.
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT GRANTING PERMISSION TO ONE
SHAMEER P FOR CONVERSION OF THE LAND
DATED 07.05.2024.
