Kerala High Court
Abdurahiman A.K vs State Of Kerala on 1 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
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WP(C) NO. 33030 OF 2023
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. 33030 OF 2023
PETITIONER:
ABDURAHIMAN A.K.,
AGED 55 YEARS
S/O. MOHAMMED HAJI, AARUKANDATHIL HOUSE,
AYANKALAM P.O., PONNANI TALUK, MALAPPURAM
DISTRICT, PIN - 679573.
BY ADVS.
SRI.C.M.MOHAMMED IQUABAL
SRI.P.ABDUL NISHAD
SMT. T.H.RAIHANATH
SHRI.MUHAMMED AMEEN
SMT.KEERTHI JAYAKUMAR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE SECRETARY TO GOVERNMENT,
AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
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2
3 THE DISTRICT COLLECTOR, MALAPPURAM,
COLLECTORATE, MALAPPURAM, PIN - 676505.
4 THE REVENUE DIVISIONAL OFFICER, TIRUR,
TIRUR P.O., MALAPPURAM DISTRICT, PIN - 676101.
5 THE AGRICULTURAL OFFICER,
KALADY AGRICULTURAL OFFICE, KALADY P.O., PONNANI
TALUK, MALAPPURAM DISTRICT, PIN - 679582.
6 THE TAHSILDAR,
PONNANI TALUK, PONNANI P.O., MALAPPURAM DISTRICT,
PIN - 679577.
7 THE VILLAGE OFFICER,
TAVANUR VILLAGE, TAVANUR P.O., PONNANI TALUK,
MALAPPURAM DISTRICT, PIN - 679573.
8 THE LOCAL LEVEL MONITORING COMMITTEE,
KALADY AGRICULTURAL OFFICE, KALADY P.O.,
MALAPPURAM DISTRICT, REPRESENTED BY ITS CONVENER,
PIN - 679582.
SMT.DEEPA V., GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 33030 OF 2023
3
C.S.DIAS, J.
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W.P (C ) No.33030 of 2023
==================
Dated this the 1st July, 2025
JUDGMENT
The writ petition is filed to quash Exts.P15 and P19
orders passed by respondents 4 and 3 respectively.
2. The petitioner is the owner in possession of
37.23 Ares of land in Survey Nos.103/6 and 103/8 in
Tavanur Village in Ponnani Taluk, covered under Ext.P2
land tax receipt. The property was purchased by the
petitioner's father in the year 1961. There is a building
in the property, which is more than 60 years old and the
petitioner is conducting a saw-mill in the property.
Ext.P3 tax receipt issued by the Tavanur Grama
Panchayat substantiates the above aspect. However,
the respondents have erroneously classified the
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property as 'paddy land' in the revenue records. To
change the nature of the property, the petitioner
submitted Ext.P5 application under Section 27A read
with Rule 12(13) of the Kerala Conservation of Paddy
Land and Wetland Act and Rules, 2008 ('Act and Rules'
in short). But, by the impugned Ext.P15 order, the 4 th
respondent rejected the application. Even though the
petitioner challenged the order in an appeal before the
3rd respondent, the same was also rejected by Ext.P19
order. Exts.P15 and P19 are erroneous and arbitrary.
Hence, the writ petition.
3. The 4th respondent has filed a statement, inter
alia, stating that, the petitioner was directed to prove
that his property was converted prior to 04.07.1967, as
provided under Rule 12(13) of the Rules. Consequently,
the petitioner submitted Ext.P12 certificate issued by
the Secretary of the Tavanur Grama Panchayat to prove
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that there was a building, aged approximately 50 years,
in the property. He also produced Ext.P13 award issued
by the Special Tahsildar, LA (NH), Tirur. But, the
petitioner did not produce any document to show that
the property was converted prior to 04.07.1967.
Accordingly, Exts.P15 and P19 orders were passed.
There is no error in the said orders.
4. The petitioner has filed a reply-affidavit
refuting the allegations in the statement filed by the 4 th
respondent. He has asserted that he had produced
Exts.P12, P13, P14 and P16 documents before the 4 th
respondent to prove that the property was converted
before 04.07.1967. But, the 4 th respondent has not
considered the relevance of the documents in their
proper perspective. Instead, the 4th respondent has, in a
superficial manner, referred to the documents in
Ext.P15 order and refused to consider their relevance.
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The same procedure was followed by the 3 rd respondent
in Ext.P19 order.
5. Heard; the learned counsel for the petitioner
and the learned Government Pleader.
6. The petitioner's specific case is that his
property has been naturally filled up prior to
04.07.1967. In order to change the nature of the
property in the revenue records, the petitioner
submitted Ext.P5 application before the 4th respondent.
To prove the fact that the property was naturally filled
up before 04.07.1967, the petitioner produced Ext.P12
certificate issued by the Secretary of Tavanur
Panchayat, to substantiate that there is a 50 year old
building in his property, Ext.P13 award again to prove
that there is a building in the property as on the date of
award, i.e., 16.09.1991 and Ext.P14 mortgage deed
dated 11.07.1977, wherein there is a recital that the
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mortgage includes the property and a building.
Nevertheless, the 4th respondent only merely referred
to the said documents, but did not render any specific
finding for accepting or rejecting the documents.
Instead, the 4th respondent has made a cursory
reference to the documents and stated that there is no
material to prove that the property was naturally filled
up prior to 04.07.1967 and passed Ext.P15 order. In the
appeal, by Ext.P19 order, the 3rd respondent reiterated
the very same findings of the 4th respondent. The
respondents 3 and 4 have not rendered any
independent finding regarding the property as on
04.07.1967.
7. The crucial aspect to adjudicate an application
filed in Form-9 under Rule 12(13) of the Rules is
whether the property was filled up naturally prior to
04.07.1967. In order to substantiate the said fact, the
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applicant is required to produce the title deeds, valid
agreements, building tax receipts, licences, details of
the standing trees and other details. The Revenue
Divisional Officer can also call for an enquiry report
from the Village Officer to decide the said application.
8. In the case at hand, the petitioner has
produced Exts.P12, P13, P14 and P16 documents
before the 4th respondent, which have been referred to
in Ext.P15 order. But, the 4 th respondent has not
rendered any independent finding regarding the
relevancy or evidentiary value of the documents to
prove that the property was naturally filled up as on
04.07.1967. Instead, the 4th respondent has only held
that there is no document to prove that the property
was naturally filled before 04.07.1967. In the appeal
also, the 3rd respondent has not re-appreciated the
matter, but has reiterated the same view of the 4 th
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respondent. It was upto the respondents 3 and 4 to
have discussed about the above documents and render
a specific finding to reject the documents. Thus, I am
convinced that the matter is to be remitted back to the
3rd respondent to consider Ext.P17 afresh, and render a
specific finding on the documents produced by the
petitioner.
Accordingly, I allow the writ petition by quashing
Exts.P15 and P19 orders and directing the 3 rd
respondent to reconsider Ext.P17 appeal, in accordance
with law and as expeditiously as possible, especially to
advert to Exts.P12, P13, P14 and P16 documents and
render a finding regarding the relevancy of the
documents in Ext.P5 application. The petitioner shall
produce a copy of this writ petition, the statement filed
by the 4th respondent and the reply-affidavit along with
a copy of this judgment to the 3 rd respondent, who shall
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make an endeavour to dispose of Ext.P17 appeal within
an outer time limit of four months from the date of
production of a copy of the judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 33030 OF 2023
APPENDIX OF WP(C) 33030/2023
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF DOCUMENT NO.3848/1996
OF SRO EDAPPAL DATED 22.11.1996
EXHIBIT P2 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY TAVANUR VILLAGE OFFICER DATED
19.4.2021
EXHIBIT P3 THE TRUE COPY OF THE PROPERTY TAX
RECEIPT ISSUED BY TAVANUR GRAMA
PANCHAYATH DATED 15.9.2021
EXHIBIT P4 THE TRUE COPY OF THE RELEVANT PAGE OF
THE DATA BANK PREPARED BY THE 8TH
RESPONDENT
EXHIBIT P5 THE TRUE COPY OF THE APPLICATION
SUBMITTED BY PETITIONER BEFORE 4TH
RESPONDENT DATED 16.12.2020
EXHIBIT P6 THE TRUE COPY OF THE COMMUNICATION OF
THE 4TH RESPONDENT DATED 27.10.2020
EXHIBIT P7 THE TRUE COPY OF THE REPORT OF THE 7TH
RESPONDENT DATED 28.1.2021
EXHIBIT P8 THE TRUE COPY OF THE PROFORMA PREPARED
BY THE 7TH RESPONDENT DATED 28.1.2021
EXHIBIT P9 THE TRUE COPY OF THE COMMUNICATION
ISSUED BY THE 7TH RESPONDENT DATED
22.01.2021
EXHIBIT P10 THE TRUE COPY OF THE FORM 9 APPLICATION
SUBMITTED BEFORE THE 8TH RESPONDENT
DATED 08.10.2021
EXHIBIT P11 THE TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P.(C). NO.
19560/2021 DATED 25.10.2021
EXHIBIT P12 THE TRUE COPY OF THE CERTIFICATE ISSUED
BY THE TAVANUR GRAMA PANCHAYAT DATED
09.11.2021
EXHIBIT P13 THE TRUE COPY OF THE AWARD NO.9/91
PASSED BY THE SPECIAL TAHSILDAR, LA
(NH) TIRUR DATED 16.09.1991
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EXHIBIT P14 THE TRUE COPY OF THE MORTGAGE DEED
EXECUTED BY SRI.AARUKANDATHIL MOHAMMED
DATED 11.11.1977
EXHIBIT P15 THE TRUE COPY OF THE ORDER OF THE 4TH
RESPONDENT DATED 24.03.2022
EXHIBIT P16 THE TRUE COPY OF THE COMMUNICATION
ISSUED BY THE TAVANUR GRAMA PANCHAYATH
DATED 08.08.2022
EXHIBIT P17 THE TRUE COPY OF THE MEMORANDUM OF
APPEAL FILED BY THE PETITIONER BEFORE
THE 3RD RESPONDENT DATED 28.10.2022
EXHIBIT P18 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.13283/2022 OF THIS HON'BLE COURT
DATED 16.11.2022
EXHIBIT P19 THE TRUE COPY OF THE ORDER ISSUED BY
THE 3RD RESPONDENT DATED 12.09.2023
