Kerala High Court
K.P Ramachandra Kurup vs State Of Kerala on 7 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 32265 OF 2024 1 2025:KER:49582
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. 32265 OF 2024
PETITIONER:
K.P RAMACHANDRA KURUP,
AGED 71 YEARS
S/O K P MADHAVA PANICKER, RAMAGEETHAM,THAMARASSERY
ROAD, PETTA, POONITHURA P.O,ERNAKULAM, PIN - 682038
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
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. 32265 OF 2024 2 2025:KER:49582
C.S.DIAS, J.
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WP(C) No. 32265 OF 2024
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Dated this the 7th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 4.62
Ares of land comprised in Survey No.900/3(19/5) in
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 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
WP(C) NO. 32265 OF 2024 3 2025:KER:49582
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 criteria to
be ascertained by the Revenue Divisional Officer to
exclude a property from the data bank (read the decisions
WP(C) NO. 32265 OF 2024 4 2025:KER:49582
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, who in turn has relied on the
recommendations of the LLMC, 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
WP(C) NO. 32265 OF 2024 5 2025:KER:49582
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.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. 32265 OF 2024 6 2025:KER:49582
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. 32265 OF 2024 7 2025:KER:49582
APPENDIX OF WP(C) 32265/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO.1680/2005
DATED 23.3.2005 OF SRO TRIPUNITHURA
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED
9.4.2021 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-14-15211/2022
OF THE 4TH RESPONDENT DATED 27.1.2023
