Kerala High Court
Dr. Anantharaman vs The District Collector on 18 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:53609
WP(C) NO. 44393 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 44393 OF 2024
PETITIONER:
DR. ANANTHARAMAN,
AGED 68 YEARS
S/O. K A SEETHA RAMAN, POURNAMI HOUSE, THEKKEKKARA
LANE, IRINJALAKUDA (PO), THRISSUR, PIN - 680121
BY ADVS.
SMT.FARHANA K.H.
SHRI.MUHASIN K.M.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR,
PIN - 680003
2 THE REVENUE DIVISIONAL OFFICER
IRINJALAKUDA REVENUE DIVISIONAL OFFICE, FIRST
FLOOR, CIVIL STATION, IRINJALAKUDA, THRISSUR, PIN
- 680125
3 THE DEPUTY COLLECTOR ( LA),
FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR,
PIN - 680003
4 THE TAHSILDAR,
MUKUNDAPURAM TALUK OFFICE, CHEMMANDA ROAD,
IRINJALAKUDA, THRISSUR, PIN - 680125
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WP(C) NO. 44393 OF 2024
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5 THE VILLAGE OFFICER
MANAVALASSERY VILLAGE OFFICE, IRINJALAKUDA,
THRISSUR, PIN - 680121
6 THE AGRICULTURE OFFICER,
IRINJALAKUDA KRISHI BHAVAN, IRINJALAKUDA,
THRISSUR, PIN - 680121
7 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN -
695033
SMT.PREETHA K.K., SR.GP.
SRI.VISHNU S. CHEMPAZHANTHIYIL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 18.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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JUDGMENT
Dated this the 18th day of July, 2025
The petitioner is the owner in possession of
4.05 Ares of land comprised in Survey No.603/2-108 in
Manavalassery Village, Mukundapuram 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.P2 application before the
2nd respondent 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.P3
order, the authorised officer has perfunctorily rejected
Ext.P2 application, without directly inspecting the
property. Even though the Agricultural Officer had
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called for Ext.P4 report from the Kerala State Remote
Sensing and Environment Centre (KSREC), wherein it
is specifically found that the property was bordered by
a pathway on the south side and was observed under
scattered vegetation with plantation towards south in
the data of 2008, the 2nd respondent without
considering the said aspect, has rejected Ext.P2
application. Hence, Ext.P3 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 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
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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 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.P3 order establishes that the 2 nd respondent
has not directly inspected the property. He has also not
rendered any independent finding regarding the nature
and character of the petitioner's property as on
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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 relying on the
report of the Agricultural Officer and Ext.P4 KSREC
report, he has passed the impugned order.
Nevertheless, a reading of Ext.P4 report shows that the
applied property was bordered by a pathway on the
souther side and was observed under scattered
vegetation with plantation in the data of 2008. Thus, it
is prima facie evident from Ext.P4 report that the land is
not suitable for paddy cultivation. The said opinion is
conspicuously absent in Ext.P3 order. Nonetheless, the
2nd respondent without considering Ext.P4 report in its
proper perspective, has passed the impugned Ext.P3
order. 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
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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.P3 order is quashed.
(ii). The 2nd respondent/authorised officer is
directed to reconsider Ext.P2 application, in
accordance with law, and as expeditiously as
possible, at any rate, within three months from the
date of production of a copy of this judgment. It
would be upto the authorised officer to either
directly inspect the property or accept the findings
in Ext.P4 report while considering Ext.P2
application.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rmm/18/7/2025
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WP(C) NO. 44393 OF 2024
APPENDIX OF WP(C) 44393/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
06.10.2023
Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION DATED
14.10.2023
Exhibit P3 TRUE COPY OF THE ORDER DATED 29.10.2024,
ISSUED BY THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE REPORT NO. A-172/2015/
KSREC/005621/24 OF THE KSREC DATED
24.08.2024
Exhibit P5 COPY OF THE PHOTOGRAPHS OF THE PROPERTY
OF THE PETITIONER
