Kerala High Court
Hyder Kutti vs State Of Kerala on 30 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:56489
WP(C) NO. 41067 OF 2024
1
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. 41067 OF 2024
PETITIONER:
HYDER KUTTI,
AGED 63 YEARS
SON OF SHAHUL MAMEED, RESIDING AT OZHUKUPARAPUTHEN
VEEDU, KALLADATHANI, POREDOM, KOLLAM, PIN - 691534
BY ADVS.
SMT.K.P.SANTHI
SMT.PARVATHY R NAIR
SHRI.AJITH C.J.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY OF REVENUE DEPARTMENT,
GOVERNMENT OF KERALA, TRIVANDRUM, PIN - 695001
2 DISTRICT COLLECTOR,
VIDYA NAGAR, CIVIL STATION, KOLLAM, PIN - 691013
3 REVENUE DIVISIONAL OFFICER,
VIDYA NAGAR, CIVIL STATION, KOLLAM, PIN - 691013
4 DEPUTY COLLECTOR(LR),
VIDYA NAGAR, CIVIL STATION, KOLLAM, PIN - 691013
2025:KER:56489
WP(C) NO. 41067 OF 2024
2
5 AGRICULTURAL OFFICER,
KRISHIBHAVAN, CHADAYAMAGALUM, KOLLAM, PIN - 691534
6 THE TAHASILDAR,
KOTTARAKARA TALUK OFFICE, KOLLAM, PIN - 691506
7 THE VILLAGE OFFICER,
VILLAGE OFFICE, CHADAYAMAGALAM, KOLLAM, PIN -
691534
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:56489
WP(C) NO. 41067 OF 2024
3
C.S.DIAS, J.
---------------------------------------
WP(C) No. 41067 OF 2024
-----------------------------------------
Dated this the 30th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 19.20
Ares of land, comprised in Survey No.7-4 in Block No.39
in Chadayamangalam Village, Kottarakkara Taluk,
covered under Ext.P1 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 Ext.P-4 application in Form 5, under Rule
4(4d) of the Rules. However, by Ext.P5 order, the
2025:KER:56489
WP(C) NO. 41067 OF 2024
authorised officer has summarily rejected the application
without either conducting a personal inspection of the
land or calling for the satellite pictures as mandated
under Rule 4(4f) of the Rules. Furthermore, the order is
devoid of any independent finding regarding the nature
and character of the land as it existed on 12.08.2008 --
the date the Act came into force. The impugned order,
therefore, is arbitrary and unsustainable in law and liable
to be quashed.
2. In the statement filed by the 4th respondent it is,
inter alia, contended that the Local Level Monitoring
Committee had inspected the property and has
recommended not to exclude the property from the
databank. Based on the said recommendation, the
Agricultural Officer has submitted a report not to exclude
the property.
3. I have heard the learned Counsel for the
2025:KER:56489
WP(C) NO. 41067 OF 2024
petitioner and the learned Government Pleader.
4. 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.
5. 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
2025:KER:56489
WP(C) NO. 41067 OF 2024
12.08.2008, which are the decisive criteria to determine
whether the property is to be excluded from the data
bank.
6. A reading of Ext.P5 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
or called for the satellite pictures as mandated under
Rule 4(4f) of the Rules. Instead, the authorised officer has
merely acted upon the report of the Agricultural Officer,
who in turn has relied on the report of the Local Level
Monitoring Committee. The authorised officer has not
rendered any independent 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.
2025:KER:56489
WP(C) NO. 41067 OF 2024
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:
(i) Ext.P5 order is quashed.
(ii) The 4th respondent/ authorised officer is directed to
reconsider the Form 5, in accordance with the law,
by either conducting a personal inspection of the
property or calling for the satellite pictures as
provided under Rule 4(4f) of the Rules, at the cost of
the petitioner.
(iii) If satellite pictures are called for, the application
shall be disposed of within three months from the
date of receipt of such pictures. On the other hand, if
2025:KER:56489
WP(C) NO. 41067 OF 2024
the authorised officer opts to inspect the property
personally, the application shall be disposed of
within two months from the date of production of a
copy of this judgment by the petitioner.
The writ petition is thus ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
dkr
2025:KER:56489
WP(C) NO. 41067 OF 2024
APPENDIX OF WP(C) 41067/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF TAX RECEIPT DATED 5/1/2024
ISSUED BY VILLAGE OFFICER CHADAYAMAGALUM
VILLAGE
EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED TO THE PETITIONER ON 6-1-2024 BY
VILLAGE OFFICER
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK IN RESPECT OF THE PETITIONER'S
PROPERTY
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 12-1-
2024 IN FORM NO. 5 SUBMITTED TO THE 3RD
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 20-9-2024 OF
THE 3RD RESPONDENT
RESPONDENT ANNEXURES
ANNEXURE R4(A) A TRUECOPY OF THE REPORT DATED 03-07-2024
OF THE AGRICULTURAL OFFICER ,
CHADAYAMANGALAM
