Kerala High Court
Aboobacker Sidhiq vs The District Collector on 1 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:47921
WP(C) NO. 13011 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
WP(C) NO. 13011 OF 2025
PETITIONER:
ABOOBACKER SIDHIQ,
AGED 50 YEARS
S/O MUHAMMED, VALIYAVEETIL, ILYASHAJI NAGAR,
AIMS PONEKKARA P.O, EDAPALLY, ERANKULAM, PIN -
682041.
BY ADVS.
SRI.V.S.MANSOOR
SRI.AKHIL BINOY
SHRI.AHAMMED MIZWAR V.P.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION KAKKANAD,
ERNAKULAM, PIN - 682030.
2 THE SUB COLLECTOR. RDO (REVENUE DIVISIONAL
OFFICER)
REVENUE DIVISIONAL OFFICE, KB JACOB ROAD, FORT
KOCHI KOCHI, ERNAKULAM, PIN - 682001.
3 THE TAHSILDAR (LAND RECORDS),
KANAYANOOR TALUK,PARK AVENUE, KOCHI, ERNAKULAM,
PIN - 682011.
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WP(C) NO. 13011 OF 2025
2
4 THE VILLAGE OFFICER,
THRIKKAKARA NORTH VILLAGE, EDAPPALLY,
ERNAKULAM, PIN - 682024.
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KALAMASSERY, ERNAKULAM, PIN -
683104.
6 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL
OFFICER, KRISHI BHAVAN, KALAMASSERY, ERNAKULAM,
PIN - 683104.
SMT.PREETHA K.K., SR.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 01.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 13011 OF 2025
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JUDGMENT
Dated this the 1st day of July, 2025
The petitioner and his brother are the owners
in possession of 7.19 Ares of land in Survey
Nos.695/4, 695/18 and 695/19 in Thrikkakara North
Village, Kanayannoor Taluk, Ernakulam, covered
under Ext.P3 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 'paddy land'
and included it in the data bank. To exclude the
property from the data bank, the petitioner had
submitted Form-5 application under Rule 4(4d) of the
Kerala Conservation of Paddy Land and Wetland
Rules, 2008 ('Rules' in short). But, by the impugned
Ext.P7 order, the authorised officer has perfunctorily
rejected Form-5 application, without inspecting the
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WP(C) NO. 13011 OF 2025
property directly or calling for satellite images as
envisaged under Rule 4(4f) of the Rules. He has
also not rendered any independent finding regarding
the nature and character of the property as on
12.08.2008. Hence, Ext.P7 order is illegal and
arbitrary, and is liable to be quashed.
2. Heard; the learned counsel for the
petitioner and the learned Government Pleader.
3. The petitioner's specific case is that, his
property is a converted land. It is not suitable for
paddy cultivation. But, the property has been
erroneously classified in the data bank as paddy
land. Even though the petitioner had submitted a
Form 5 application, to exclude the property from the
data bank, the same has been rejected by the
authorised officer without any application of mind.
4. In a host of judicial pronouncements, this
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Court has emphatically held that, it is the nature, lie,
character and fitness of the land, and whether the
land is suitable for paddy cultivation as on 12.08.2008
i.e., the date of coming into force of the Act, are the
relevant criteria to be ascertained by the Revenue
Divisional Officer to exclude a property from the data
bank (read the decisions of this Court 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 and others
(2021 (1) KLT 433)).
5. Ext.P7 order establishes that the authorised
officer has not directly inspected the property or
called for the satellite images as envisaged under
Rule 4(4f) of the Rules. He has also not rendered
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WP(C) NO. 13011 OF 2025
any independent finding regarding the nature and
character of the property as on 12.08.2008, or
whether the removal of the property from the data
bank would adversely affect the paddy cultivation in
the locality. Instead, by solely relying on the report
of the Agricultural Officer, the impugned order has
been passed. Thus, I am satisfied that the impugned
order has been passed without any application of
mind, and the same is liable to be quashed and the
authorised officer be directed to reconsider the
matter afresh, in accordance with law, after adverting
to the principles of law laid down by this Court in the
aforesaid decisions and the materials available on
record.
Accordingly, I allow the writ petition in the
following manner:
(I) Ext.P7 order is quashed.
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(ii) The 2nd respondent/authorised officer is
directed to reconsider Form-5 application, in
accordance with law. It would be up to the
authorised officer to either directly inspect
the property or call for satellite images, as per
the procedure provided under Rule 4(4f), at
the expense of the petitioner.
(iii) If the authorised officer calls for the satellite
images, he shall consider Form-5 application,
in accordance with law and as expeditiously
as possible, at any rate, within three months
from the date of the receipt of the satellite
images. In case he directly inspects the
property, he shall dispose of the application
within two months from the date of production
of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 13011 OF 2025
APPENDIX OF WP(C) 13011/2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE PHOTO COPY OF THE SALE DEED
DATED 03/07/2013 EXECUTED IN FAVOR OF
PETITIONERS ALONG WITH HIS BROTHER
EXHIBIT P2 A TRUE PHOTO COPY OF THE RELEASE DEED
DATED 29/07/2016 EXECUTED IN FAVOR OF
PETITIONER AND SADIQUE V.M
EXHIBIT P3 A TRUE PHOTO COPY OF THE LAND TAX
RECEIPT DATED 06/09/2023 ISSUED BY THE
THRIKKAKARA VILLAGE OFFICER
EXHIBIT P4 A TRUE PHOTO COPY OF THE RELEVANT PAGE
OF BTR IN RESPECT OF PETITIONER'S
PROPERTY
EXHIBIT P5 A TRUE COPY OF PHOTOGRAPHS OF
PETITIONER'S PROPERTY AND ADJACENT
PROPERTY
EXHIBIT P6 A TRUE PHOTO COPY OF THE LAND TAX
RECEIPT DATED 25/02/2025 ISSUED BY THE
THRIKKAKARA VILLAGE OFFICER FOR THE
SY. NOS 695/19, 695/19-4, 695/20-2,
EXHIBIT P7 A TRUE COPY OF THE ORDER NO.5903/21
DATED 09/11/2024 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P8 A TRUE PHOTO COPY OF REPORT SUBMITTED
BY THE KERALA STATE REMOTE SENSING &
ENVIRONMENT CENTRE(KSREC)
