Kerala High Court
Lakshmi Devi. V vs The District Collector on 18 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 40012 OF 2024
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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. 40012 OF 2024
PETITIONER/S:
LAKSHMI DEVI. V.,
AGED 58 YEARS
W/O. K.N ANANDA KUMAR, RESIDING AT VARIYATH HOUSE,
THENAMKUNNU, MANKAVU P.O, MANKAVU SOUTH, KOZHIKODE
DISTRICT, PIN - 673007
BY ADV SMT. ARYA ASHOKAN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
KOZHOKODE COLLECTORATE, CIVIL STATION, WAYANAD ROAD,
ERANHIPPALAM, KOZHIKODE DISTRICT, PIN - 673020
2 THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE REVENUE DIVISIONAL OFFICE, KOZHOKODE
COLLECTORATE, CIVIL STATION, WAYANAD ROAD,
ERANHIPPALAM, KOZHIKODE DISTRICT, PIN - 673020
3 THE DEPUTY COLLECTOR (RR),
KOZHOKODE COLLECTORATE, CIVIL STATION, WAYANAD ROAD,
ERANHIPPALAM, KOZHIKODE DISTRICT, PIN - 673020
4 THE THAHSILDAR,
KOZHIKODE TALUK OFFICE, KOZHOKODE COLLECTORATE, CIVIL
STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE
DISTRICT, PIN - 673020
5 THE VILLAGE OFFICER,
OLAVANN VILLAGE OFFICE, OLAVANNA, KOZHIKODE DISTRICT,
PIN - 673014
6 THE AGRICULTURAL OFFICER,
OLAVANNA KRISHI BHAVAN, GURUVAYOORAPPAN COLLEGE,
WP(C) NO. 40012 OF 2024
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OLAVANNA, KOZHIKODE DISTRICT, PIN - 673014
7 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
(KSREC), 1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE
ASSEMBLY, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PMG, THIRUVANANTHAPURAM, PIN - 695033
OTHER PRESENT:
SR.GP.SMT.PREETHA K.K., SC- SRI.VISHNU S.
CHEMPAZHANTHIYIL
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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C.S.DIAS, J.
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WP(C) No. 40012 OF 2024
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Dated this the 18th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 5 Ares 33
Sq.Mt. of land, comprised in Survey No.103/96 in Olavanna
Village, Kozhikode Taluk, covered under Ext.P1 land tax
receipt. The property is a garden 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 an 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.P3
order, the authorised officer has perfunctorily rejected the
Form 5 application, without inspecting the property directly
or calling for 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. Hence, Ext.P3 order is illegal and arbitrary, and
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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
garden 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 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
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Collector, Ernakulam and others (2021 (1) KLT 433)).
5. Ext.P3 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 Village Officer,
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.P3 order is quashed.
(ii) The 2nd respondent/authorised officer is directed to
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reconsider the Form 5 application submitted by the
petitioner, 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 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
rkc/18.07.25
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APPENDIX OF WP(C) 40012/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT BEARING NO.
KL11013703700/2024 DATED 08.04.2024
Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE
DRAFT DATA BANK
Exhibit P3 TRUE COPY OF THE ORDER DATED 13.03.2023
BEARING FILE NO. RDOKKD/2210/2022-C5 ISSUED
BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P4 TRUE COPY OF THE PHOTOGRAPHS OF THE SUBJECT
PROPERTY
