Kerala High Court
Geetha vs The District Collector on 9 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 35239 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 9TH DAY OF JULY 2025 / 18TH ASHADHA, 1947
WP(C) NO. 35239 OF 2024
PETITIONER/S:
GEETHA,
AGED 62 YEARS
W/O.SIVADASAN, 'VAISAKHI', POONOOR, UNNIKULAM,
MANIDEEPIKA, KARINKALIMMAL, KOZHIKODE, PIN - 673574
BY ADVS.
SHRI.MUHASIN K.M.
SMT.FARHANA K.H.
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE,
PIN - 673020
2 THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER,
KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION,
WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN - 673020
3 THE TAHSILDAR,
THAMARASSERY TALUK OFFICE, THAMARASSERY, KOZHIKODE, PIN
- 673573
4 THE VILLAGE OFFICER,
UNNIKULAM VILLAGE OFFICE, EKAROOL, UNNIKULAM P.O.,
KOZHIKODE, PIN - 673574
5 THE AGRICULTURE OFFICER,
UNNIKULAM KRISHI BHAVAN, NEAR PANCHAYATH OFFICE,
UNNIKULAM,EKAROOL, KOZHIKODE, PIN - 673574
6 THE DIRECTOR,
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KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
OTHER PRESENT:
SR.GP.SMT.VIDYA KURIAKOSE, SC- SRI.VISHNU S.
CHEMPAZHANTHIYIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.S.DIAS, J.
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WP(C) No.35239 OF 2024
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Dated this the 9th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 12.23 Ares
of land, comprised in Survey No.13/23 in Unnikulam Village,
Thamarassery 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 11.24 Ares of land as paddy land and included it in
the data bank. To exclude the property from the data bank, the
petitioner had submitted Ext.P2 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.P3 order, the authorised officer has perfunctorily rejected
Ext.P2 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 finding
regarding the nature and character of the property as on
12.08.2008. Hence, Ext.P3 order is illegal and arbitrary, and
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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 Ext.P2
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 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
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Collector, Ernakulam and others (2021 (1) KLT 433)).
5. Ext.P3 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 reports of the Agricultural
Officer and the Village 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 this Court in
the aforesaid decisions and the materials available on record.
Accordingly, I allow the writ petition in the following
manner:
(i) Ext.P3 order is quashed.
(ii) The 2nd respondent/authorised officer is directed to
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reconsider Ext.P2 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.P2 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 production of a copy of
this judgment.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE
rkc/09.07.25
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APPENDIX OF WP(C) 35239/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 13.05.2022
Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED
BY THE PETITIONER DATED 08.06.2022
Exhibit P3 TRUE COPY OF THE ORDER DATED 27.03.2024
ISSUED BY THE 2ND RESPONDENT
Exhibit P4 COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF
THE PETITIONER
