Kerala High Court
Graceamma Philip vs The District Collector on 30 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:56527
WP(C) NO. 20244 OF 2024
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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. 20244 OF 2024
PETITIONER:
GRACEAMMA PHILIP,
AGED 67 YEARS
W/O. THOMAS MATHEW, VAZHAYIL HOUSE,
THRIKKODITHANAM P.O., CHANGANASSERY, KOTTAYAM, PIN
- 686105
BY ADVS.
SHRI.MUHASIN K.M.
SMT.FARHANA K.H.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, KOTTAYAM - KUMILY ROAD, KOTTAYAM,
PIN - 686002
2 THE REVENUE DIVISIONAL OFFICER,
KOTTAYAM REVENUE DIVISIONAL OFFICE, 2ND FLOOR,
MINI CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY,
KOTTAYAM, PIN - 686001
3 THE TAHSILDAR,
CHANGANASSERY TALUK OFFICE, KACHERY ROAD, OPP.
GOVERNMENT MODEL HSS, CHANGANASSERY, KOTTAYAM,
PIN - 686101
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WP(C) NO. 20244 OF 2024
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4 THE VILLAGE OFFICER,
THRIKKODITHANAM VILLAGE OFFICE, THRIKKODITHANAM,
KUNNUPURAM, KOTTAYAM, PIN - 686105
5 THE AGRICULTURE OFFICER,
THRIKKODITHANAM KRISHI BHAVAN, THRIKKODITHANAM,
KOTTAYAM, PIN - 686105
6 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN -
695033
SMT.DEEPA V., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 20244 OF 2024
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C.S.DIAS, J.
---------------------------------------
WP(C) No.20244 of 2024
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Dated this the 30th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 9.47
Ares of land comprised in Survey No.364/3-4 in
Thrikkodithanam Village in Changanassery 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.P2 application in Form-5, under Rule
4(4d) of the Rules. However, by Ext.P3 order, the
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WP(C) NO. 20244 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. 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
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WP(C) NO. 20244 OF 2024
mind.
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.P3 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
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WP(C) NO. 20244 OF 2024
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 relied on the recommendation of the
Local Level Monitoring Committee without rendering
any 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.
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WP(C) NO. 20244 OF 2024
In the circumstances mentioned above, I allow the
writ petition in the following manner:
(i) Ext.P3 order is quashed.
(ii) The 2nd 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 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
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WP(C) NO. 20244 OF 2024
APPENDIX OF WP(C) 20244/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED
21.06.2022
EXHIBIT P2 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER DATED
02.02.2022
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 08.02.2023
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P4 A COPY OF THE PHOTOGRAPHS OF THE PROPERTY
OF THE PETITIONER
