Kerala High Court
Subaida K vs The District Collector on 4 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 5190 OF 2025 1 2025:KER:49200
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
WP(C) NO. 5190 OF 2025
PETITIONER:
SUBAIDA K.,
AGED 65 YEARS
W/O. EBRAHIM C.K., CHELLIYOTTU KALATHIL, THARIODE,
THARIODE NORTH P.O., WAYANAD DISTRICT, PIN - 673575
BY ADVS.
SHRI.T.P.SAJID
SRI.K.P.MOHAMED SHAFI
SMT.SHIFA LATHEEF
SHRI.MUHAMMED HAROON A.N.
SMT.SREESHMA B. CHANDRAN
SHRI.HASHARURAHIMAN U.
SHRI.MOHEMED FAVAS
SHRI.MUHAMMED BILAL K.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
WAYANAD DISTRICT COLLECTORATE, NORTH KALPETTA P.O.,
WAYANAD DISTRICT, PIN - 673122
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER VYTHIRI
TALUK,WAYANAD DISTRICT, PIN - 673576
3 THE TAHSILDAR,
TALUK OFFICE ,VAITHRI TALUK,WAYANAD DISTRICT,
PIN - 673576
4 THE VILLAGE OFFICER,
PADINJARATHARA VILLAGE OFFICE, WAYANAD DISTRICT,
WP(C) NO. 5190 OF 2025 2 2025:KER:49200
PIN - 673122
5 THE CONVENOR,
LOCAL LEVEL MONITORING COMMITTEE AND AGRICULTURAL
OFFICER, PADINJATHARA AGRICULTURAL OFFICE, WAYANAD
DISTRICT, PIN - 673122
6 THE PRESIDENT,
PADINJARATHARA GRAMA PANCHAYATH, WAYANAD DISTRICT,
PIN - 673121
BY ADV SRI.K.MOHANAKANNAN
GP.SMT.JESSY S.SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 5190 OF 2025 3 2025:KER:49200
C.S.DIAS, J.
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WP(C) No.5190 OF 2025
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Dated this the 4th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 4 Ares
and 5 Sq.meters of land comprised in Re-Survey No.372 in
Block No.1 in Padinjarathara Village, Wayanad District,
covered under Ext.P1 sale deed. 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 Ext.P4 application in Form 5 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 Ext.P4 application, without
inspecting the property directly or calling for satellite
images as envisaged under Rule 4(4f) of the Rules. He
WP(C) NO. 5190 OF 2025 4 2025:KER:49200
has also not rendered any independent finding regarding
the nature and character of the property as on 12.08.2008.
Hence, Ext.P6 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, her 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 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
WP(C) NO. 5190 OF 2025 5 2025:KER:49200
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 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
WP(C) NO. 5190 OF 2025 6 2025:KER:49200
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.
(ii). The 2nd respondent/authorised officer is
directed to reconsider Ext.P4 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 Ext.P4 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
WP(C) NO. 5190 OF 2025 7 2025:KER:49200
production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
SCB.04.07.25. C.S.DIAS, JUDGE
WP(C) NO. 5190 OF 2025 8 2025:KER:49200
APPENDIX OF WP(C) 5190/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED BEARING
NO.3078/I/2012 DATED 22/11/2012
Exhibit P2 TRUE COPY OF THE TAX RECEIPT FOR THE YEAR
2024-2025 DATED 11/12/2024 ISSUED BY THE
4TH RESPONDENT TO THE PETITIONER
Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 16/05/2022 IN THE NAME OF PETITIONER
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER
Exhibit P4 TRUE COPY OF THE FORM-5 APPLICATION DATED
24/06/2022 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
Exhibit P5 TRUE COPY OF THE SKETCH PLAN OF THE LAND
Exhibit P6 TRUE COPY OF RECORDS OF THE LAND
Exhibit P7 TRUE COPY OF THE REJECTION ORDER BEARING
FILE NO.12/2025 DATED 13/01/2025 ISSUED BY
THE 2ND RESPONDENT TO THE PETITIONER
