Kerala High Court
J. M.Anees Muhammed vs The Revenue Divisional Officer/Sub ... on 8 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:49958
WP(C) NO. 13251 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
WP(C) NO. 13251 OF 2024
PETITIONER:
J. M.ANEES MUHAMMED,
AGED 49 YEARS
S/O.LATE K. J. MUHAMMED JOURIATHU HOUSE,
KANIYAPILLI ROAD, VENNALA, PIN - 682028
BY ADVS.
SMT.M.A.VAHEEDA BABU
SRI.BABU KARUKAPADATH
SHRI.P.U.VINOD KUMAR
SMT.ARYA RAGHUNATH
SHRI.KARUKAPADATH WAZIM BABU
SMT.P.LAKSHMI
SMT.AYSHA E.M.
SMT.SHIFANA KAISE
SHRI.DENNIS BIJU
SHRI.ABUASIL A.K.
SHRI.SHAWN JOHNSON
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE, FIRST FLOOR, KB JACOB
RD, FORT KOCHI, KOCHI, KERALA, PIN - 682001
2 THE AGRICULTURAL OFFICER,
1ST FLOOR, KOCHI CORPORATION VYTTILA SHOPPING
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2
COMPLEX, WEST SIDE OF VYTTILA JUNCTION, SA ROAD,
MAHAKAVI VAILOPPILLI RD, KOCHI, PIN - 682019
3 THE VILLAGE OFFICER,
POONITHURA VILLAGE OFFICE, POONITHRUA P. O.,
ERNAKULAM DISTRICT, PIN - 682019
4 THE TAHSILDAR,
KANAYANNUR TALUK, PARK AVENUE, NEAR SUBHASH PARK,
MARINE DRIVE, KOCHI, PIN - 682011
SR.GP. SMT. VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 13251 OF 2024
3
JUDGMENT
Dated this the 8th day of July, 2025
The writ petition is filed to quash Ext.P8 order
and direct the 1st respondent to exclude the petitioner's
property from Ext.P4 data bank.
2. The petitioner is the owner in possession of
8.43 Ares of land comprised in Survey No.312/2-2 in
Poonithura Village, Kanayannur Taluk, covered under
Ext.P1 possession certificate. The petitioner's property is
a pucca garden land. But, the respondents have
erroneously classified the property as 'converted land' in
Ext.P4 data bank and as 'Nilam' in the revenue records.
Consequently, the petitioner was constrained to file
Ext.P6 application in Form 5 under Rule 4(4d) of the
Kerala Conservation of Paddy Land and Wetland Rules,
2008 ('Rules' in short). Nonetheless, by the impugned
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Ext.P8 order, the 1st respondent has perfunctorily
rejected Ext.P6 application. Ext.P8 order is illegal and
arbitrary.
3. The 3rd respondent in his statement has stated
that, the petitioner's property has been included in the
data bank as 'converted before 2008'. However, the
property is marshy and water-logged. During the rainy
season, the water from nearby locations flow to the said
property and it becomes a pond, having a depth of one
meter. On 14.02.2023, the petitioner had made an
unlawful attempt to convert the property by dumping
waste materials. Consequently, a stop memo was issued
to him. The petitioner has converted half the portion of
land into converted purayidam. The unlawful activity
has destroyed the rain water storage facility in the
locality. It is in the said circumstances that Ext.P8 order
has been passed.
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4. The petitioner has refuted the said allegations
in his reply affidavit.
5. Heard; the learned counsel for the petitioner
and the learned Senior Government Pleader.
6. It is not in dispute that the petitioner's
property has been classified as converted land in Ext.P4
data bank.
7. The provisions of the Kerala Conservation of
Paddy land and Wetland Act gets attracted only if a
property is classified in the data bank either as a 'paddy
land' or 'wetland'. As long as the property is not
classified under the above two categories in the data
bank, the provisions of the Act does not get attracted.
8. In Line Properties Pvt. Ltd vs. the Revenue
Divisional Officer, Ernakulam (2025 (2) KLT 348), this
Court has succinctly held that, there is no necessity to
even file a Form 5 application when the property is
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WP(C) NO. 13251 OF 2024
classified as converted land in the data bank. The
competent authorities are bound to exclude the property
from the data bank on a mere application filed by the
parties.
9. In light of the above categoric declaration of law
and taking into consideration that the petitioner's
property is classified as converted land in the data bank,
I hold that Ext.P8 order is passed without any application
of mind and the first respondent be directed to
reconsider Ext.P6 application in light of the law laid
down in the aforecited decision.
In the aforesaid circumstances, I allow the writ
petition in the following manner:
(i) Ext.P8 order is quashed.
(ii) The first respondent/authorised officer is
directed to re-consider Ext.P6 application in accordance
with law and after adverting to the law laid down by this
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Court in Line Properties Pvt. Ltd's case(supra). The
above exercise shall be completed within two months
from the date of production of a copy of this judgment.
SD/-
C.S.DIAS, JUDGE
rmm/8/7/2025
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WP(C) NO. 13251 OF 2024
APPENDIX OF WP(C) 13251/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 20/07/2022 ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER WITH RESPECT
OF HIS 8.43 ARES.
Exhibit P2 A TRUE COPY OF THE LOCATION PLAN
CERTIFICATE DATED 26/07/2022 ISSUED BY
THE 3RD RESPONDENT ALONG WITH EXHIBIT P1.
Exhibit P3 TRUE COPIES OF THE PHOTOGRAPHS OF THE
PROPERTY OF THE PETITIONER
Exhibit P4 A TRUE COPY OF THE RELEVANT PORTION OF
THE DATA BANK DATED 22/02/2021 PUBLISHED
BY KOCHI MUNICIPAL CORPORATION, INCLUDING
THE PROPERTY OF THE PETITIONER SITUATED
IN SURVEY NO.312/2-2 OF POONITHURA
VILLAGE AS ‘CONVERTED BEFORE 2008.
Exhibit P5 A TRUE COPY OF THE LAND TAX RECEIPT DATED
02/07/2022 WITH RESPECT TO THE PROPERTY
COVERED BY EXHIBIT P1WRONGLY DESCRIBING
THE PROPERTY AS NILAM.
Exhibit P6 . A TRUE COPY OF THE APPLICATION DATED
19/12/2022 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT IN FORM 5, FOR
REMOVING THE PROPERTY INCLUDED AS
‘CONVERTED BEFORE 2008' FROM
EXHIBIT P4 DATA BANK ALONG WITH ITS
RECEIPT SHOWING PAYMENT OF THE REQUIRED
FEE.
Exhibit P7 A TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 29/03/2023 IN
WP(C)NO.11062/2023.
Exhibit P8 A TRUE COPY OF THE ORDER DATED11/02/2024,
ISSUED BY THE 1ST RESPONDENT REJECTING
EXHIBIT P6 FORM 5 APPLICATION.
Exhibit P9 . A TRUE COPY OF THE KSREC REPORT DATED
05/12/2023.
Exhibit P10 A TRUE COPY OF THE REPORT OF THE 2ND
RESPONDENT DATED 20/12/2023.
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Exhibit P11 A true copy of the relevant portion of
the Petition filed by the 1st respondent
on 17/08/2023 praying to exempt from
personal appearance, tendering his
apology
Exhibit P12 A TRUE COPY OF THE LAND TAX RECEIPT DATED
26/06/2025 OF THE PROPERTY SITUATED IN
SURVEY NO.312/2-2 OF POONITHURA VILLAGE
OF KANAYANNUR TALUK
