Kerala High Court
Rosy Lonappan vs The Revenue Divisional Officer on 30 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:56396
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 30TH DAY OF JULY 2025 / 8TH SRAVANA, 1947
WP(C) NO. 1488 OF 2025
PETITIONER:
ROSY LONAPPAN,
AGED 86 YEARS
W/O LONAPPAN, MURINGATHERY HOUSE,
ERUMAPPETTY P.O., ERUMAPPETTY,
THRISSUR DISTRICT, PIN - 680584
BY ADVS.
SHRI.ASOK KUMAR K.P.
SHRI.ABDUL HAMEED RAFI
SHRI.RAKESH S MENON
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
FIRST FLOOR,COLLECTORATE,
CIVIL STATION, AYYANTHOLE,
THRISSUR, PIN - 680003
2 THE DEPUTY COLLECTOR ( LR) & RDO,
FIRST FLOOR,COLLECTORATE, CIVIL STATION,
AYYANTHOLE,THRISSUR, PIN - 680003
3 LOCAL LEVEL MONITORING COMMITTEE,
ERUMAPPETTY GRAMAPANCHAYAT,
REPRESENTED BY ITS CONVENER & AGRICULTURAL OFFICER,
ERUMAPPETTY KRISHIBHAVAN,
THRISSUR DISTRICT, PIN - 680584
4 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN,ERUMAPPETTY,
ERUMAPPETTY P.O.,
THRISSUR DISTRICT, PIN - 680584
5 THE VILLAGE OFFICER,
KARIYANNUR VILLAGE OFFICE,
KARIYANNUR P.O., THRISSUR DISTRICT, PIN - 680584
WP(C) NO.1488 of 2025 2
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OTHER PRESENT:
GOVERNMENT PLEADER- SMT.JESSY S. SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.1488 of 2025 3
2025:KER:56396
JUDGMENT
Dated this the 30th day of July, 2025
The petitioner is the owner in possession of
8.84 Ares of land comprised in Survey No. 171/P-2 of
Kariyannur Village, Kunnamkulam Taluk, Thrissur
District, covered by Ext. P2 land tax receipt. Even
though the petitioner's property is a 'dry land,' the
respondents had erroneously classified the same as
'converted land' and included it in the data bank.
Subsequently, the respondents had published an
erratum notification to Ext. P3 original notification and
directed the petitioner to file a Form 5 application.
After that, the third respondent had cancelled Ext. P3
original notification and subsequent erratum
notification. In the meantime, by Ext. P5 order, the first
respondent rejected Ext. P4 application in Form 5.
Ultimately, by Ext. P8 notification, the petitioner's
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property was excluded from the data bank. To change
the nature of the property, the petitioner had preferred
Ext. P9 application in Form 6 under Section 27A read
with Rule 12(1) of the Kerala Conservation of Paddy
Land and Wetland Act and Rules, 2008 ('Act and Rules'
in short). Shockingly, by Ext. P10 order, the second
respondent has rejected Ext. P9 application. Ext. P10
order is illegal and arbitrary. Hence, the writ petition.
3. Heard; the learned counsel for the petitioner
and the learned Government Pleader.
4. The learned Government Pleader submitted
that, the petitioner has an alternative statutory remedy
under Section 27B of the Act to prefer an appeal
against Ext. P10 order.
5. The learned counsel for the petitioner submitted
that, since Ext. P10 order was passed on 04.09.2024 and
there is no provision to condone the delay in filing the
appeal, the appellate authority may not entertain the
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appeal.
6. In Udayan Vasudevan v. District Collector,
Thiruvananthapuram [2025 (2) KHC 103], this Court
has emphatically held that, merely because there is no
provision in the Act to condone the delay in filing the
appeal beyond the prescribed time period, it is well
within the powers of the Appellate Authority to condone
the delay since it has the inherent powers to do the
same.
7. In view of the alternative statutory remedy, and
that there are no extraordinary circumstances to
entertain this writ petition, I dismiss the writ petition, by
reserving the right of the petitioner to file an appeal
challenging Ext.P10 order before the appellate authority
as envisaged under Section 27B of the Act. If such
appeal is filed with an application to condone the delay,
within four weeks from today, the appellate authority
shall condone the delay and consider the appeal, in
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accordance with law and on its merits, and as
expeditiously as possible.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
mtk/30.07.25
2025:KER:56396
APPENDIX OF WP(C) 1488/2025
PETITIONER EXHIBITS
EXHIBIT P- 1 TRUE COPY OF THE DOCUMENT NO.2032/1995 OF
SUB REGISTRY OFFICE, ERUMAPPETTY,
THRISSUR DISTRICT
EXHIBIT P-2 TRUE COPY OF THE LAND TAX RECEIPT BEARING
NO. KL08071702006/2024 DATED 20.07.2024
EXHIBIT P- 3 TRUE COPY OF THE RELEVANT PAGES OF THE
ORIGINAL NOTIFIED DATA BANK IN RESPECT OF
KARIYANNUR VILLAGE
EXHIBIT P-4 TRUE COPY OF THE FORM 5 APPLICATION DATED
22.06.2022
EXHIBIT P-5 TRUE COPY OF THE ORDER NO. 1451/2023
DATED 11.06.2023
EXHIBIT P-6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN BASIL V. LOCAL LEVEL MONITORING
COMMITTEE [2024 (1) KHC 28] DATED
28.11.2023
EXHIBIT P-7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN MANOHARAN VS. DISTRICT
COLLECTOR, KANNUR [2024 KHC ONLINE 560]
EXHIBIT P-8 TRUE COPY OF THE NOTIFICATION DATED
22.04.2024
EXHIBIT P-9 TRUE COPY OF THE FORM 6 DATED 04.09.2024
EXHIBIT P- 10 TRUE COPY OF THE PRINT OUT FROM THE
PORTAL OF REVENUE DEPARTMENT
EXHIBIT P-11 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
GROUND REALITY OF THE LAND
