Kerala High Court
Bridget M.A vs The District Collector, Ernakulam on 18 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:53393
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. 27005 OF 2024
PETITIONER:
BRIDGET M.A,
AGED 67 YEARS
W/O. C.L. JACOB, 32/269 B1 SUNDALE,
OPPOSITE ANANTHAPURAM TEMPLE,
THAMMANAM P.O., ERNAKULAM,
KERALA, PIN - 682032
BY ADVS.
SHRI.SHERRY J. THOMAS
SRI.JOEMON ANTONY
SHRI.ANTONY NILTON REMELO
SHRI.VIJEESH N.P.
RESPONDENTS:
1 THE DISTRICT COLLECTOR, ERNAKULAM,
COLLECTORATE ROAD, CIVIL STATION,
KAKKANAD, ERNAKULAM,
KERALA, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER,
MUVATTUPUZHA,
REVENUE DIVISIONAL OFFICE,
GROUND FLOOR,
PATTIMATTOM - MUVATTUPUZHA ROAD,
KERALA, PIN - 686673
3 THE TAHSILDAR,
KUNNATHUNAD TALUK OFFICE, KUNNATHUNAD,
POOPPANI ROAD, PERUMBAVOOR,
KERALA, PIN - 683543
WP(C) NO.27005 OF 2024
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4 THE VILLAGE OFFICER,
KUNNATHUNAD VILLAGE OFFICE,
KUMARAPURAM, PALLIKKARA,
KERALA, PIN - 683565
5 THE AGRICULTURAL OFFICER,
KRISHIBHAVAN, KUNNATHUNAD,
PALLIKKARA,KERALA, PIN - 683562
6 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY THE AGRICULTURAL OFFICER,
KRISHIBHAVAN, KUNNATHUNAD,
PALLIKKARA,KERALA, PIN - 683562
OTHER PRESENT:
SENIOR GOVERNMENT PLEADER-SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
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 2.2
Ares of land comprised in Survey Nos. 176/5-16 and
178/16-8 in Block No. 36 of Kunnathunadu Village,
Kunnathunadu 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 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 second respondent has
perfunctorily rejected Ext. P2 application, without
inspecting the property directly or calling for satellite
images as envisaged under Rule 4(4f) of the Rules.
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He 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
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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. 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
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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. P5 order is quashed.
(ii). The second respondent/authorised officer
is directed to reconsider Ext. P2 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 Ext. P2
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
mtk/18.07.25
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APPENDIX OF WP(C) 27005/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT
ISSUED FROM THE OFFICE OF 4TH RESPONDENT
DATED 5-11-2022
EXHIBIT P2 THE TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER DATED 09-12-
EXHIBIT P3 THE TRUE COPY OF THE JUDGEMENT IN WPC
NO.20841/2023 DATED 27/06/2023
EXHIBIT P4 THE TRUE COPY OF THE LETTER SUBMITTED BY
THE PETITIONER TO THE 2ND RESPONDENT
DATED 10-05-2024
EXHIBIT P4A THE TRUE COPY OF THE ACKNOWLEDGEMENT CARD
DATED 17-05-2024
EXHIBIT P5 THE TRUE COPY OF THE PROCEEDINGS OF THE
2ND RESPONDENT DATED 11/05/2024
EXHIBIT P6 THE TRUE COPY OF THE CERTIFICATE ISSUED
BY THE ASSISTANT EXECUTIVE ENGINEER PWD
DATED 21-07-2003
EXHIBIT P6A THE TRUE COPY OF THE PHOTOGRAPHS TAKEN IN
