Kerala High Court
Subair N.A vs District Collector on 18 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:53388
WP(C) NO. 23639 OF 2025
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. 23639 OF 2025
PETITIONER:
SUBAIR N.A
AGED 56 YEARS
S/O ABOOBACKER, NETTIKUDY HOUSE, PALLIKKARA
KUMARAPURAM P.O, ERNAKULAM DISTRICT, PIN - 683565
BY ADVS.
SRI.P.K.MOHAMED JAMEEL
SMT. SUHARABI KANNETH
SMT.SMRITHI HARRIS
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, ERNAKULAM DISTRICT, PIN - 682030
2 REVENUE DIVISIONAL OFFICER
GROUND FLOOR, PATTIMATTOM-MUVATTUPUZHA ROAD,
MUVATTUPUZHA, PIN - 686673
3 AGRICULTURAL OFFICER
KRISHIBHAVAN, KUNNATHUNADU PANCHAYATH, KRISHIBHAVAN,
PATTIMMATTOM, KUMARAPURAM, PIN - 683565
OTHER PRESENT:
SR.GP.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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WP(C) NO. 23639 OF 2025
2
Dated this the 18th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 4.45
Ares of land comprised in Survey No.298/9-5 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 the property in the data bank. To
exclude the property from the data bank, the petitioner
has submitted Ext.P2 application before the 2 nd
respondent on 04.12.2024, 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
petitioner and the learned Government Pleader.
3. On a consideration of the facts and the
materials on record, especially that Ext.P2 application is
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WP(C) NO. 23639 OF 2025
pending consideration before the 2nd respondent since
04.12.2024, 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 3rd 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 2 nd
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.P2
application, in accordance with law and as
expeditiously as possible, at any rate, within
two months from the date of receipt of the
above report.
The writ petition is ordered accordingly.
SD/-
rmm/18/7/2025 C.S.DIAS, JUDGE
2025:KER:53388
WP(C) NO. 23639 OF 2025
APPENDIX OF WP(C) 23639/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RECEIPT OF BASIC LAND
TAX DATED 23.06.2025 ISSUED BY VILLAGE
OFFICE, KUNNATHUNADU
Exhibit P2 A TRUE COPY OF THE APPLICATION DATED
04.12.2024 IN FORM NO.5 SUBMITTED BY
PETITIONER
