Kerala High Court
Sasneh R vs State Of Kerala on 9 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 44398 OF 2024
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2025:KER:50422
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. 44398 OF 2024
PETITIONER/S:
SASNEH R.,
AGED 30 YEARS
S/O RAJENDRAN, CHALUTHARA, CHEMMANATHUKARA, VAIKKOM,
KOTTAYAM, PIN - 686606
BY ADVS.
SMT.A.ARUNA
SMT.JISHA SHAJI
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 LAND REVENUE COMMISSIONER,
LAND REVENUE COMMISSIONERATE PUBLIC OFFICE BUILDING,
MUSEUM ROAD, OPPOSITE ZOO, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, KERALA, PIN - 695033
3 DISTRICT COLLECTOR,
COLLECTORATE, KOTTAYAM - KUMILY RD, KOTTAYAM, KERALA,
PIN - 686002
4 REVENUE DIVISION OFFICER,
OFFICE OF THE REVENUE DIVISION OFFICER, REVENUE
DIVISIONAL OFFICE PALA, MINI CIVIL STATION, PALA BYPASS
RD, PALA, KERALA, PIN - 686575
5 TAHSILDAR,
VAIKKOM TALUK OFFICE, MINI CIVIL STATION, W GATE RD,
VAIKOM, KERALA, PIN - 686141
WP(C) NO. 44398 OF 2024
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6 VILLAGE OFFICER,
TV PURAM VILLAGE OFFICE, TV PURAM RD, THIRUMANI,
VENKATAPURAM, VAIKOM, KERALA, PIN - 686606
7 AGRICULTURAL OFFICER,
KRISHI BHAVAN, TV PURAM, KOTTAYAM, KERALA, PIN - 686606
8 LOCAL LEVEL MONITORY COMMITTEE,
REPRESENTED BY ITS CHAIRMAN,KRISHI BHAVAN, T.V.
PURAM,VAIKOM, KOTTAYAM DISTRICT, PIN - 686606
9 ADDL.R9. T V PURAM PANCHAYAT
REPRESENTED BY ITS SECERETARY, T V PURAM RD, THIRUMANI,
VENKATAPURAM, VAIKOM, KERALA, PIN 686606.
0 ADDL.R10. SECRETARY
T V PURAM PANCHAYAT, T V PURAM RD, THIRUMANI,
VENKATAPURAM, VAIKOM, KERALA, PIN - 686606 [ADDL.R9 &
ADDL.R10 ARE IMPLEADED AS PER ORDER DATED 03.02.2025 IN
I.A.1/2024 IN WP(C)44398/2024].
BY ADV SMT.A.SREEKALA (VAIKOM)
GP SMT.JESSY S.SALIM
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.
---------------------------------------
WP(C) No.44398 OF 2024
-----------------------------------------
Dated this the 9th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 18 Ares
and 26 Sq. Mt. of land, comprised in Survey Nos.132/16A and
132/16B-1 in T.V.Puram Village, Vaikom 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
rendered any independent finding regarding the nature and
character of the property as on 12.08.2008. Hence, Ext.P8
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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 Ext.P4
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.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 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
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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 production of a copy of
this judgment.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE
rkc/09.07.25
WP(C) NO. 44398 OF 2024
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APPENDIX OF WP(C) 44398/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED DATED 13.03.2024
BETWEEN THE PETITIONER AND MR PAULOSE ABRAHAM
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT NO.
KL05051802097/2024 DATED 16.04.2024 ISSUED BY
THE 6TH RESPONDENT
Exhibit P3 TRUE COPY OF THE NOTIFICATION NO. A2/401/2021
DATED 08.02.2021 PUBLISHED IN KERALA
EXTRAORDINARY GAZETTE,NO. 595, VOLUME 10,
DATED 08.02.2021
Exhibit P4 TRUE COPY OF THE FORM 5 APPLICATION DATED
18.04.2024 SUBMITTED BY THE PETITIONER
Exhibit P5 TRUE COPY OF THE LAND IN SURVEY NO. 132/16A-3
OF BLOCK NUMBER 1, IN T.V. PURAM VILLAGE OF
VAIKOM TALUK IN KOTTAYAM DISTRICT IS TAKEN
FROM THE REVENUE PORTAL
Exhibit P6 TRUE COPY OF THE IMAGE OF THE PETITIONER'S
LAND AVAILABLE IN GOOGLE EARTH AS ON
26.04.2013, 24.02.2018 AND 08.04.2019
Exhibit P7 TRUE COPY OF THE LAND IN SURVEY NO. 132/15-1
OF BLOCK NUMBER 1, IN T.V. PURAM VILLAGE OF
VAIKOM TALUK IN KOTTAYAM DISTRICT IS TAKEN
FROM THE REVENUE PORTAL
Exhibit P8 TRUE COPY OF THE PROCEEDINGS NO. 1856/2024
DATED 04.11.2024 ISSUED BY THE 4TH RESPONDENT
Exhibit P9 TRUE COPY OF THE DECISION DATED 31.08.2024 OF
THE 8TH RESPONDENT
Exhibit P10 TRUE COPY OF THE PROFORMA FORM 5 REPORT OF
THE 6TH RESPONDENT DATED 04.10.2024
Exhibit P11 TRUE COPY OF THE JUDGMENT IN WP ( C)
2771/2024 DATED 24.01.2024, HARIS C V.
DISTRICT COLLECTOR AND OTHERS
Exhibit P12 TRUE COPY OF THE FORM II NOTICE DATED
UV/125/2024/VKM DATED 03.09.2024 ISSUED BY
THE DISTRICT REGISTRAR GENERAL
