Kerala High Court
Najna vs The Revenue Division Officer on 28 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:55475
WP(C) NO. 25086 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
WP(C) NO. 25086 OF 2024
PETITIONER:
NAJNA,
AGED 35 YEARS
W/O. PAMIR BABU, SHABEEB MAHAL, B.C ROAD, BEYPORE
P.O, KOZHIKODE, PIN - 673015
BY ADV SRI.S.K.SAJU
RESPONDENTS:
1 THE REVENUE DIVISION OFFICER,
REVENUE DIVISIONAL OFFICE, CIVIL STATION,
ERANJIPPALAM, KOZHIKODE, PIN - 673020
2 SUB COLLECTOR,
COLLECTORATE, CIVIL STATION, ERANJIPPALAM,
KOZHIKODE, PIN - 673020
3 AGRICULTURAL OFFICER,
KRISHI BHAVAN, KOZHIKODE, PIN - 673004
4 THE TAHSILDAR (LR),
TALUK OFFICE , KOZHIKODE, CIVIL STATION,
ERANJIPPALAM, KOZHIKODE, PIN - 673020
5 THE VILLAGE OFFICER,
VALAYANAD VILLAGE OFFICE, KOZHIKODE, PIN - 673007
OTHER PRESENT:
GP.SMT.DEEPA V
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WP(C) NO. 25086 OF 2024
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 25086 OF 2024
3
JUDGMENT
Dated this the 28th day of July, 2025
The petitioner is the owner in possession of
0.00608 hectares of land comprised in Survey No.111/4
in Valayanad Village, Kozhikode Taluk, covered under
Ext.P4 land tax receipt. The property is a converted land
and is unsuitable for paddy cultivation. Nevertheless,
the respondents have erroneously classified the property
as 'paddy land' and included it in the data bank
maintained under the Kerala Conservation of Paddy
Land and Wetland Act, 2008, and the Rules framed
thereunder ('Act' and 'Rules', for brevity). To exclude
the property from the data bank, the petitioner had
submitted an application in Form 5, under Rule 4(4d) of
the Rules. However, by the impugned Ext.P9 order, the
authorised officer has summarily rejected the
application without directly inspecting the property.
Even though he had called for Ext.P8 report from the
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Kerala State Remote Sensing and Environmental Centre
(KSREC), wherein it has been specifically mentioned
that the property is bordered by a road on west side and
is under scattered partial mixed vegetation/plantation
towards north-east side in the data of 2007, the
authorised officer has found that there is no material to
prove that the property was converted before 2008.
Ext.P9 order is illegal and arbitrary. The impugned
order, therefore, is arbitrary and unsustainable in law
and liable to be quashed.
2. I have heard the learned Counsel for the petitioner
and the learned Government Pleader.
3. The petitioner's principal contention is that the
applied property is not a cultivable paddy field but is a
converted plot. Nonetheless, the property has been
incorrectly included in the data bank. Despite filing the
Form 5 application, the authorised officer has rejected the
same without proper consideration or application of
mind.
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WP(C) NO. 25086 OF 2024
4. It is now well-settled by a catena of judgments of
this Court - including the decisions 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 [2021 (1) KLT 433] - that
the authorised officer is obliged to assess the nature, lie
and character of the land and its suitability for paddy
cultivation as on 12.08.2008, which are the decisive
criteria to determine whether the property is to be
excluded from the data bank.
5. A reading of Ext.P9 order reveals that the
authorised officer has failed to comply with the statutory
requirements. There is no indication in the order that the
authorised officer has personally inspected the property.
Even though he had called for Ext.P8 KSREC report,
wherein it has been specifically mentioned that the
property is bordered by a road on west side and is
observed under scattered partial mixed
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WP(C) NO. 25086 OF 2024
vegetation/plantation towards north-east side in the data
of 2007, in the impugned order the authorised officer has
found that there is no material to prove that the property
was converted before 2008. The said finding is
contradictory to the observation and conclusion in Ext.P8
KSREC report. Moreover, there is no independent finding
regarding the nature and character of the land as on the
relevant date. There is also no finding whether the
exclusion of the property would prejudicially affect the
surrounding paddy fields. In light of the above findings, I
hold that the impugned order was passed in contravention
of the statutory mandate and the law laid down by this
Court. Thus, the impugned order is vitiated due to errors
of law and non-application of mind, and is liable to be
quashed. Consequently, the authorised officer is to be
directed to reconsider the Form 5 application as per the
procedure prescribed under the law.
In the circumstances mentioned above, I allow the
writ petition in the following manner:
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WP(C) NO. 25086 OF 2024
(i) Ext.P9 order is quashed.
(ii) The 1st respondent/authorised officer is directed to
reconsider the Form 5 application, in accordance with the
law and as expeditiously as possible, at any rate, within
three months from the date of production of the copy of
the judgment. It would be upto the authorised officer to
either personally inspect the property or rely on Ext.P8
KSREC report.
The writ petition is thus ordered accordingly.
SD/-
C.S.DIAS, JUDGE
rmm/28/7/2025
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WP(C) NO. 25086 OF 2024
APPENDIX OF WP(C) 25086/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 1979/2013
DATED 11.09.2013 OF CHALAPPURAM SRO
Exhibit P2 TRUE COPY OF THE SALE DEED BEARING NO.
2138/2012 DATED 10.08.2012 OF CHALAPPURAM
SRO
Exhibit P3 TRUE COPY OF THE SALE DEED BEARING NO.
2139/2012 DATED 10.08.2012 OF CHALAPPURAM
SRO
Exhibit P4 A TRUE COPY OF TAX PAID RECEIPT DATED
24.11.2023
Exhibit P5 TRUE COPY OF THE SURVEY SKETCH OF THE
PROPERTY
Exhibit P6 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 31.12.2020
Exhibit P7 A TRUE SATELLITE IMAGE OF THE AREA
Exhibit P8 TRUE COPY OF THE KSREC REPORT DATED
24.08.2021
Exhibit P9 A TRUE COPY OF THE ORDER DATED 11.07.2023
ISSUED BY THE SUB COLLECTOR ALONG WITH THE
TYPED COPY
