Kerala High Court
Balasubramanian vs Local Level Monitoring Committee on 7 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 34414 OF 2024 1
2025:KER:49561
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 34414 OF 2024
PETITIONER:
BALASUBRAMANIAN,
AGED 62 YEARS
S/O MADHAVAN, KOTTAPURATHU HOUSE, MAYYAMTHANI,
NILAMBUR VILLAGE, MALAPPURAM DIST., PIN - 679329
BY ADVS. SMT.JIBY G.J.
SMT.SINDHU K.S.
SMT.AKHILA RAMESH
RESPONDENTS:
1 LOCAL LEVEL MONITORING COMMITTEE ,
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
NILAMBUR KRISHI BHAVAN, MALAPPURAM DISTRICT,
PIN - 679329
2 VILLAGE OFFICER,
NILAMBUR VILLAGE, MALAPPURAM DISTRICT, PIN - 679329
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM,
PIN - 695001
4 THE REVENUE DIVISIONAL OFFICER,
SUB COLLECTORS OFFICE, NEAR MINI CIVIL STATION,
PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322
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*5 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE , REPRESENTED BY ITS DIRECTOR, 1ST FLOOR,
VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY
OF KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANTHAPURAM, PIN-695033
(ADDL. R5 IS IMPLEADED AS PER ORDER DATED
13/01/2024 IN I.A.NO.2/2024 IN WP(C) 34414/2024)
BY SMT.JESSY S. SALIM, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 34414 OF 2024 3
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JUDGMENT
Dated this the 07th day of July, 2025
The petitioner is the owner in possession of 2.03
Ares of land comprised in Re-Survey No.135/1-20 in Re-
Survey Block No.93 in Nilambur Village, Nilambur
Taluk, covered under Ext.P1 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 Ext.P7 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.P8 order, the authorised officer
has perfunctorily rejected Ext.P7 application, without
inspecting the property directly or calling for satellite
images as envisaged under Rule 4(4f) of the Rules. He
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has also not rendered any independent finding regarding
the nature and character of the property as on
12.08.2008. Hence, Ext.P8 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
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
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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.P8 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
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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.P8 order is quashed.
(ii). The 4th respondent/authorised officer is
directed to reconsider Ext.P7 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.P7
application, in accordance with law and as
expeditiously as possible, at any rate, within three
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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
NAB
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APPENDIX OF WP(C) 34414/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT NO.
KL10051210896/2024 DATED 09.08.2024
ISSUED FROM NILAMBUR VILLAGE OFFICE
EXHIBIT P2 TRUE COPY OF THE SALE DEED.NO.2255/2020
OF NILAMBUR SRO
EXHIBIT P3 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED
FROM ABOVE EMS MEMORIAL COOPERATIVE
HOSPITAL AND RESEARCH CENTRE LTD BY DR.
RAJAGOPAL
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY
VILLAGE OFFICER, NILAMBUR DATED
EXHIBIT P5 TRUE COPY OF CERTIFICATE DATED 11.04.2023
ISSUED BY SECRETARY NILAMBUR MUNICIPALITY
EXHIBIT P6 TRUE COPY OF THE KERALA GAZETTE
NOTIFICATION DATED 08.03.2021 WITH REG
NO. KL/TV(N)634/2021-2023
EXHIBIT P7 TRUE COPY OF THE FORM 5 APPLICATION FILED
BY THE PETITIONER
EXHIBIT P8 TRUE COPY OF THE ORDER OF RDO DATED
16.05.2024 IN FILE NO. 1479/2024
EXHIBIT P9 ORIGINAL PHOTOGRAPHS SHOWING THE PRESENT
STATUS OF THE PROPERTY
