Kerala High Court
Sherbin Kurian vs The District Collector on 18 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:53384
WP(C) NO. 23659 OF 2025
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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. 23659 OF 2025
PETITIONER:
SHERBIN KURIAN
AGED 56 YEARS
W/O. BABY T R, THALIYAPARAMBIL HOUSE, NEAR
VARAKKARA TEMPLE, AMMUKKULAM ROAD, VARANDARAPPILLY
P.O., THRISSUR, PIN - 680303
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, MINI CIVIL
STATION, CHEMMANDA ROAD, IRINJALAKUDA, THRISSUR,
PIN - 680125
3 THE TAHSILDAR
CHALAKUDY TALUK OFFICE, MUNICIPAL TOWN HALL
COMPLEX, MAIN ROAD, OLD HWY, CHALAKUDY, THRISSUR,
PIN - 680307
4 THE AGRICULTURAL OFFICER
VARANDARAPPILLY KRISHI BHAVAN, NANDIPULAM,
VARANDARAPPILLY, THRISSUR, PIN - 680312
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WP(C) NO. 23659 OF 2025
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5 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN -
695033
OTHER PRESENT:
SR.GP.SMT.VIDYA KURIAKOSE,
SC-SRI.VISHNU S. CHEMPAZHANTIYIL
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. 23659 OF 2025
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Dated this the 18th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of
24.39 Ares of land, out of which 3.34 Ares of land
comprised in Survey No.481/1-23 of Varanthrappilly
Village, Chalakkudy Taluk and covered under Ext.P1
land tax receipt, is a converted land. It is not suitable for
paddy cultivation. However, the respondents have
erroneously classified the property as 'Nilam' and
included the property in the data bank. To exclude the
property from the data bank, the petitioner has
submitted Ext.P3 application before the 2nd respondent
on 23.05.2025, 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
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WP(C) NO. 23659 OF 2025
petitioner and the learned Government Pleader.
3. On a consideration of the facts and the
materials on record, especially that Ext.P3 application is
pending consideration before the 2nd respondent since
23.05.2025, 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 4th respondent is directed to submit his
report as provided under Rule 4(4e) of the
Rules to the authorised officer within two
months from the date of production of a copy
of this judgment.
(ii) On receipt of the above report, the 2nd
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.P3 application,
in accordance with law and as expeditiously
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WP(C) NO. 23659 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/18/7/2025
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WP(C) NO. 23659 OF 2025
APPENDIX OF WP(C) 23659/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
21.05.2025
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF
PUBLISHED DATA BANK OF VARANDARAPPILLY
GRAMA PANCHAYATH DATED 27.01.2021
Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION
DATED 23.05.2025 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE RECEIPT DATED
23.05.2025 EVIDENCING THE PAYMENT OF FEE
FOR FORM 5 APPLICATION
