Kerala High Court
L.D.Paul vs The District Collector , Thrissur ... on 7 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 31645 OF 2024 1 2025:KER:49738
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. 31645 OF 2024
PETITIONER:
L.D.PAUL,
AGED 75 YEARS
S/O DEVASSY , LAPPAKKARAN HOUSE, OLD MARKET ROAD,
IRINJALAKUDA P.O., THRISSUR DISTRICT, PIN - 680121
BY ADV SRI.RAJESH CHAKYAT
RESPONDENTS:
1 THE DISTRICT COLLECTOR , THRISSUR DISTRICT,
CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003
2 THE REVENUE DIVISIONAL OFFICER, IRINJALAKUDA,
CIVIL STATION, IRINJALAKUDA, THRISSUR DISTRICT,
PIN - 680125
3 THE LOCAL LEVEL MONITORING COMMITTEE,
IRINJALAKUDA MUNICIPALITY, REPRESENTED BY ITS
CONVENOR AGRICULTURE OFFICER, IRINJALAKUDA KRISHI
BHAVAN, IRINJALAKUDA , THRISSUR DISTRICT, PIN -
680121
4 THE VILLAGE OFFICER,
IRINJALAKUDA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT, PIN - 680121
5 THE IRINJALAKUDA MUNICIPALITY, IRINJALAKUDA,
THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, PIN
- 680121
6 ADDL.R6: AGRICULTURE OFFICER,
IRINJALAKUDA KRISHI BHAVAN, IRINJALAKUDA, THRISSUR
WP(C) NO. 31645 OF 2024 2 2025:KER:49738
DISTRICT, PIN - 680121
7 ADDL.R7: KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE,
1ST FLOOR, VIKAS BHAVAN, UNIVERSITY OF KERALA SENATE
HOUSE CAMPUS, PMG, THIRUVANANTHAPURAM, PIN - 695033,
REPRESENTED BY ITS DIRECTOR. * ADDL.R6 & ADDL.R7
ARE IMPLEADED AS PER ORDER DATED 05.02.2025 IN
I.A.1/25 IN WP(C)NO.31645/2024.
BY ADV SHRI.V.RENJU, SC, IRINJALAKUDA MUNICIPALITY
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. 31645 OF 2024 3 2025:KER:49738
C.S.DIAS, J.
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WP(C) No. 31645 OF 2024
-----------------------------------------
Dated this the 7th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 9.18
Ares of land comprised in Survey Nos.292/1-16, 292/4-6
of Irinjalakuda Village, Thrissur District, 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.P5 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.P6 order, the authorised officer has
perfunctorily rejected Ext.P5 application, without
inspecting the property directly or calling for satellite
images as envisaged under Rule 4(4f) of the Rules. He
WP(C) NO. 31645 OF 2024 4 2025:KER:49738
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, 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
WP(C) NO. 31645 OF 2024 5 2025:KER:49738
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.P6 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, which is based on the
recommendations of the Local Level Monitoring
Committee (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
WP(C) NO. 31645 OF 2024 6 2025:KER:49738
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.P6 order is quashed.
(ii). The 2nd respondent/authorised officer is
directed to reconsider Ext.P5 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.P5 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
WP(C) NO. 31645 OF 2024 7 2025:KER:49738
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
SCB.07.07.25.
WP(C) NO. 31645 OF 2024 8 2025:KER:49738
APPENDIX OF WP(C) 31645/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED
05.04.2024 OF PROPERTY IN SURVEY NO.
292/1-16,292/4-6 OF IRINJALAKUDA VILLAGE
Exhibit P2 A TRUE COPY OF THE DRAFT DATA BANK AND THE
RECOMMENDATION ISSUED BY THE 3RD
RESPONDENT ON 18.09.2019
Exhibit P3 A TRUE COPY OF THE LAND IDENTIFICATION
DETAILS ISSUED BY THE 3RD RESPONDENT ON
02.04.2016
Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF DATA
BANK PUBLISHED ON 19.01.2021
Exhibit P5 A TRUE COPY OF THE FORM 5 APPLICATION
DATED 17/03/2023 OF THE PROPERTY IN SURVEY
NO. 292/1-16,292/4-6 OF IRINJALAKUDA
VILLAGE
Exhibit P6 A TRUE COPY OF THE ORDER DATED 26.11.2023
BY THE 2ND RESPONDENT
