Kerala High Court
Ullas Balakrishna vs Revenue Divisional Officer on 17 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:52986
WP(C) NO. 18951 OF 2025
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. 18951 OF 2025
PETITIONERS:
1 ULLAS BALAKRISHNA
AGED 69 YEARS
S/O BALAKRISHNA,VILLA NO.70, KENT PALM VILAS, FORT
VALLEY TOWNSHIP, KAKKANAD, ERNAKULAM DISTRICT, PIN
- 682030
2 LAKSHMI ULLAS
AGED 58 YEARS
W/O ULLAS BALAKRISHNA, VILLA NO.70, KENT PALM
VILAS, FORT VALLEY TOWNSHIP, KAKKANAD, ERNAKULAM
DISTRICT, PIN - 682030
BY ADVS.
SRI.RAAJESH S.SUBRAHMANIAN
SHRI.V.R.RAJESH
SHRI.S.V.SESIR
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER FORT
KOCHI, ERNAKULAM, PIN - 682001
2 LOCAL LEVEL MONITORING COMMITTEE (LLMC)
THRIKKAKARA MUNICIPALITY, REPRESENTED BY ITS
CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN,
THRIKKAKARA, KOCHI, PIN - 682021
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WP(C) NO. 18951 OF 2025
2
3 * VILLAGE OFFICER
VAZHAKKALA VILLAGE, THRIKKAKARA.P.O., KOCHI, PIN -
682021 IS CORRECTED AS * VILLAGE OFFICER, KAKKANAD
VILLAGE, KAKKANAD P.O., KAKKANAD, KOCHI-682030 AS
PER ORDER DATED 17.7.2025 IN I.A. NO. 1/2025)
4 AGRICULTURAL OFFICER
THRIKKAKARA KRISHI BHAVAN KAKKANAD.P.O., KAKKANAD
KOCHI ( IS IMPLEADED AS ADDITIONAL 4TH RESPONDENT
IN THE WRIT PETITION AS PER ORDER IN I.A NO.2/2025
DATED 17.7.2025 )
SR.GP SMT. VIDYA KURIAKOSE
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. 18951 OF 2025
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JUDGMENT
Dated this the 17th day of July, 2025
The petitioners are the owners in possession of
3.07 Ares of land, comprised in Re-Survey No.665/1-11 in
Block No.008 in Kakkanad Village, Kanayannur 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 the property in
the data bank. To exclude the property from the data
bank, the petitioner has submitted Ext.P5 application
before the 1st respondent on 08.01.2025 in Form 5
under Rule 4(4d) of the Kerala Conservation of Paddy
Land and Wetland Rules, 2008 ('Rules' in short). But, the
same is not considered till date. Hence, the writ petition.
2. Heard; the learned counsel for the
petitioners and the learned Government Pleader.
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WP(C) NO. 18951 OF 2025
3. On a consideration of the facts and the
materials on record, especially that Ext.P5application is
pending consideration before the 1st respondent since
08.01.2025 and the same being statutory in nature,
without expressing anything on the merits of the
application, I allow the writ petition by ordering as
follows:
(i) The additional 4th respondent is directed to
submit his report as provided under Rule
4(4e) of the Rules to the authorised officer
within one month from the date of production
of a copy of this judgment.
(ii) On receipt of the above report, the 1st
respondent (authorized officer), after
verifying the contents in the data bank by
conducting inspection directly or with the
help of satellite pictures prepared by the
Central/State Institute of Science and
Technology as envisaged under Rule 4(4f),
shall consider and dispose Ext.P5 application,
in accordance with law and as expeditiously
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WP(C) NO. 18951 OF 2025
as possible, at any rate, within two months
from the date of receipt of the above report.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rmm/17/7/2025
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WP(C) NO. 18951 OF 2025
APPENDIX OF WP(C) 18951/2025
PETITIONER EXHIBITS
Exhibit P1 A.TRUE PHOTOCOPY OF THE LAND TAX RECEIPT
EVIDENCING PAYMENT OF LAND TAX DATED:
11/12/2024 BEARING NO. KL07021719729/2024
Exhibit P2 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF
DATA BANK DATED 05.02.2021 OBTAINED UNDER
THE RTI ACT
Exhibit P3 A. TRUE PHOTOCOPY OF THE PROPERTY TAX
RECEIPT BEARING NO.R-M070900-24061439
DATED: 23/03/2025 EVIDENCING PAYMENT OF
TAX TO THRIKKAKARA MUNICIPALITY
Exhibit P4 PHOTOGRAPHS OF THE RESIDENTIAL HOUSE
(VILLA) OF THE PETITIONER
Exhibit P5 A. TRUE PHOTOCOPY OF FORM-5
NO:1/2024/2265679 DATED: 31/12/2024
SUBMITTED TO THE 1ST RESPONDENT
Exhibit P6 TRUE PHOTOCOPY OF THE RECEIPT EVIDENCING
PAYMENT OF PRESCRIBED FEES FOR FORM-5
APPLICATION DATED: 08/01/2025 BEARING
