Kerala High Court
Varghese Antony vs The Revenue Divisional Officer on 9 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:50296
WP(C) NO. 40446 OF 2024
1
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. 40446 OF 2024
PETITIONER:
VARGHESE ANTONY,
AGED 51 YEARS
S/O.ANTONY VARGHESE, KOLUTHARA HOUSE, SHANTHI
NAGAR ROAD, OPPOSITE AXIS BANK, TEVARA, ERNAKULAM,
PIN - 682013
BY ADV SMT.M.S.SHAMLA
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, ALAPPUZHA, ALAPPUZHA
DISTRICT, PIN - 688001
2 THE DEPUTY COLLECTOR,
CIVIL STATION, COLLECTORATE, ALAPPUZHA, PIN -
688001
3 THE VILLAGE OFFICER,
THYKATTUSSERY VILLAGE OFFICE, ALAPPUZHA, PIN -
688528
4 THE AGRICULTURAL OFFICER,
AGRICULTURE OFFICE,THYCATTUSSERY, ERNAKULAM,
PIN - 688528
GOVERNMENT PLEADER 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:
2025:KER:50296
WP(C) NO. 40446 OF 2024
2
JUDGMENT
Dated this the 9th day of July, 2025
The petitioner is the owner in possession of 38
Ares and 78 Sq.metres of land comprised in Survey
No.19/1B-1 in Thaikkattussery Village, Cherthala
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.P3 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 ExtP4
order, the authorised officer has perfunctorily rejected
Ext.P3 application, without inspecting the property
directly or calling for satellite images as envisaged
under Rule 4(4f) of the Rules. He has also not
2025:KER:50296
WP(C) NO. 40446 OF 2024
rendered any independent finding regarding the nature
and character of the property as on 12.08.2008. Hence,
Ext. P4 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
2025:KER:50296
WP(C) NO. 40446 OF 2024
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 Collector, Ernakulam and others (2021 (1)
KLT 433)).
5. Ext.P4 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
2025:KER:50296
WP(C) NO. 40446 OF 2024
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). ExtP4 order is quashed.
(ii). The 2nd respondent/authorised officer is
directed to reconsider Ext.P3 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.P3
application, in accordance with law and as
2025:KER:50296
WP(C) NO. 40446 OF 2024
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
rmm/9/7/2025
2025:KER:50296
WP(C) NO. 40446 OF 2024
APPENDIX OF WP(C) 40446/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF SALE DEED NO.1880/2001 DATED
26.06.2001 OF PANAVALLY SRO
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT FOR THE
YEAR 2023-2024 DATED 15/10/2024 ISSUED BY
THE 2ND RESPONDENT IN FAVOR OF THE
PETITIONER
Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER IN FORM NO.5 BEARING
NO2/2022/1079829 DATED 22/12/2022
Exhibit P4 TRUE COPY OF THE REJECTION ORDER VIDE NO.
1721/2023 DATED 01/12/2023 ISSUED BY THE
1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE FAVORABLE ORDER DATED
15.2.2023 ISSUED BY THE 1ST RESPONDENT TO
THE ADJACENT PROPERTY
Exhibit P6 TRUE COPY OF THE REQUEST LETTER SUBMITTED
BY THE PETITIONER BEFORE 1ST RESPONDENT
OFFICE DATED 16.1.2024
Exhibit P7 TRUE COPY OF THE REPORT OF SUBORDINATE
OFFICER SUBMITTED TO THE 1ST RESPONDENT
TAKEN UNDER RTI ACT DATED 12.3.2024
Exhibit P8 TRUE COPY OF THELETTER NO. J3 105/24
DATED 9.10.2024 SENT BY THE 2ND
RESPONDENT TO THE 3RD AND 4TH RESPONDENT
OFFICE
Exhibit P9 TRUE COPY OF THE REPORT OF 3RD RESPONDENT
TO THE 2ND RESPONDENT DATED 28.10.2024
Exhibit P10 TRUE COPY OF THE REPORT OF 4TH RESPONDENT
DATED 28.10.2024 TO THE 2ND RESPONDENT
Exhibit P11 TRUE COPY OF THE PHOTOGRAPH OF THE
PROPERTY
