Kerala High Court
A.Vijayalekshmi vs State Of Kerala on 7 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 32299 OF 2024 1 2025:KER:49634
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. 32299 OF 2024
PETITIONER:
A.VIJAYALEKSHMI,
AGED 64 YEARS
W/O GOPINATHA KURUP, SREELEKSHMI, CHERTHALA SOUTH,
ALAPPUZHA- 688539,NOW RESIDING AT DEVAYANAM, WEST
NADA,GURUVAYOOR P.O, THRISSUR, PIN - 680101
BY ADV SRI.L.RAJESH NARAYAN
RESPONDENTS:
1 STATE OF KERALA,
REP BY SECRETARY & AGRICULTURAL PRODUCTION
COMMISSIONER, DEPARTMENT OF AGRICULTURE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR,
COLLECTORATE,CIVIL STATION, KAKKANAD, ERNAKULAM, PIN
- 682030
3 VILLAGE OFFICER,
NADAMA THEKKUMBHAGOM GROUP VILLAGE OFFICE, POST
OFFICE ROAD, THRIPUNITHURA, PIN - 682301
4 REVENUE DIVISIONAL OFFICER,
RDO OFFICE, FORT KOCHI P.O, ERNAKULAM, PIN - 682001
5 AGRICULTURAL FIELD OFFICER,
KRISHI BHAVAN, MINI CIVIL STATION, TRIPUNITHURA, PIN
- 682301
WP(C) NO. 32299 OF 2024 2 2025:KER:49634
SR.GP.SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32299 OF 2024 3 2025:KER:49634
C.S.DIAS, J.
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WP(C) No. 32299 OF 2024
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Dated this the 7th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 3.64
Ares of land comprised in Survey No.19/7 of Nadama
Village, Kanayannur Taluk, covered under Ext.P2 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.P4
application in 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.P8 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 has also not rendered any independent
WP(C) NO. 32299 OF 2024 4 2025:KER:49634
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, 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
property from the data bank (read the decisions of this
WP(C) NO. 32299 OF 2024 5 2025:KER:49634
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 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
WP(C) NO. 32299 OF 2024 6 2025:KER:49634
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.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. 32299 OF 2024 7 2025:KER:49634
production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
SCB.07.07.25.
WP(C) NO. 32299 OF 2024 8 2025:KER:49634
APPENDIX OF WP(C) 32299/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO.1681/I/2005
DATED 23.3.2005 OF SRO TRIPUNITHURA
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED
17.8.2024 ISSUED BY THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED
19.3.2011 ISSUED BY THE 5TH RESPONDENT
Exhibit P4 TRUE COPY OF THE APPLICATION IN FORM 5
DATED NIL SUBMITTED BEFORE THE 4TH
RESPONDENT
Exhibit P5 FEW PHOTOGRAPHS OF THE PROPERTY
Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED
22.10.2019 ISSUED BY THE 5TH RESPONDENT TO
THE DIRECTOR, KSREC
Exhibit P7 TRUE COPY OF THE REPORT ON LANDUSE CHANGE
NO.A-172/2015/KSREC/008252/19 OF THE
DIRECTOR, KSREC
Exhibit P8 TRUE COPY OF THE ORDER NO.K-15-15711/2022
OF THE 4TH RESPONDENT DATED 7.8.2023
