Kerala High Court
Rahmathulla M.T vs The District Collector on 18 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 38116 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. 38116 OF 2024
PETITIONER/S:
RAHMATHULLA M.T.,
AGED 60 YEARS
S/O. HAMZA M.T, RESIDING AT MOOCHITHODAN, KUTTIKKAD
EDAKKARA, MOOTHEDAM, MALAPPURAM DISTRICT, PIN - 679331
BY ADV SMT. ARYA ASHOKAN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
CIVIL STATION KOZHIKODE, WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE DISTRICT, PIN - 673020
2 THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION
KOZHIKODE, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE
DISTRICT, PIN - 673020
3 THE DEPUTY COLLECTOR (RR),
CIVIL STATION KOZHIKODE, WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE DISTRICT, PIN - 673020
4 THE THAHSILDAR,
KOZHIKODE TALUK OFFICE, CIVIL STATION KOZHIKODE,
WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE DISTRICT, PIN -
673020
5 THE VILLAGE OFFICER,
PERUVAYAL VILLAGE OFFICE, PERUVAYAL, POOVATTUPARAMBA
P.O, KOZHIKODE DISTRICT, PIN - 673008
6 THE AGRICULTURAL OFFICER,
PERUVAYAL KRISHI BHAVAN, POOVATTUPARAMBA P.O, KOZHIKODE
DISTRICT, PIN - 673008
WP(C) NO. 38116 OF 2024
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OTHER PRESENT:
SR.GP.SMT.PREETHA K.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38116 OF 2024
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C.S.DIAS, J.
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WP(C) No.38116 OF 2025
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Dated this the 18th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 1 Ares 59.8
Sq. Mt. of land, comprised in Survey No.20/20 in Peruvayal
Village, Kozhikode 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 'reclaimed property' and included it
in the data bank. To exclude the property from the data bank,
the petitioner has submitted Ext.P3 application before the 2nd
respondent on 23.09.2021, 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.P3 application is
WP(C) NO. 38116 OF 2024
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pending consideration before the 2nd respondent since
23.09.2021, 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 jurisdictional Agricultural Officer is directed to
submit his report as provided under Rule 4(4e) of
the Rules to the 3rd respondent/authorised officer
within one month from the date of production of a
copy of this judgment.
(ii) On receipt of the above report, the 3rd
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.P5 application, in
accordance with law and as expeditiously as
possible, at any rate, within one month from the
date of receipt of the above report.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE
rkc/18.07.25
WP(C) NO. 38116 OF 2024
2025:KER:53720
APPENDIX OF WP(C) 38116/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE BASIC TAX RECEIPT BEARING
NO. KL11014110083/2021 DATED 21-09-2021
Exhibit-P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE
PUBLISHED DATA BANK OF PERUVAYAL GRAMA
PANCHAYATH BEARING NO. A4-24006/11 DATED 17-
11-2011
Exhibit-P3 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED 23-09-2021
