Kerala High Court
Shabeena S vs The Deputy Collector (R. R), Rdo, U/S. ... on 10 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 35243 OF 2024 1
2025:KER:50720
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
WP(C) NO. 35243 OF 2024
PETITIONER:
SHABEENA S,
AGED 41 YEARS
D/O. SHAMSUDEEN, ARSHAD MANZIL,
PULLOORMUKKU,KUDAVOOR VILLAGE, KALLAMBALAM
P.O,THIRUVANANTHAPURAM DISTRICT, PIN - 695605
BY ADV SHRI. RAJ CAROLIN V.
RESPONDENT/S:
1 THE DEPUTY COLLECTOR (R. R), RDO, U/S. 2(XVA),
VARKALA TALUK, REVENUE DIVISIONAL OFFICE, 1ST FLOOR,
CIVIL STATION BUILDING, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM DISTRICT, PIN - 695044
2 THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE, 1ST FLOOR, CIVIL STATION
BUILDING, KUDAPPANAKUNNU, THIRUVANANTHAPURAM
DISTRICT, PIN - 695044
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY SMT.VIDYA KURIAKOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 35243 OF 2024 2
2025:KER:50720
JUDGMENT
Dated this the 10th day of July, 2025
The petitioner is the owner in possession of 21.30
Ares of land comprised in Re-Survey Nos.316/18 and
426/1 in Block No.23 in Kudavoor Village, Varkala Taluk,
covered under Ext.P1 Sale Deed. 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.P7 order, the 1st respondent 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
2025:KER:50720
has also not rendered any independent finding regarding
the nature and character of the property as on 12.08.2008.
Hence, Ext.P7 order is illegal and arbitrary, and is liable
to be quashed.
2. Heard; the learned counsel for the
petitioner and the learned Senior 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 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:50720
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.P7 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
2025:KER:50720
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.P7 order is quashed.
(ii). The 1st respondent/authorised officer is
directed to 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
2025:KER:50720
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
NAB
2025:KER:50720
APPENDIX OF WP(C) 35243/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED NO.
1054/2021/I DATED 12/07/2021 OF NAVIKULAM
SRO.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT BEARING
NO. KL01060604604/2023 DATED 15/07/2023
ISSUED BY THE VILLAGE OFFICER, KUDAVOOR.
Exhibit P2(a) TRUE COPY OF THE POSSESSION CERTIFICATE
BEARING NO. 385/2022 DATED 15/03/2022
ISSUED BY THE VILLAGE OFFICER, KUDAVOOR.
Exhibit P3 TRUE COPY OF THE EXTRACT OF THE DATABANK
APPENDED TO THE NOTIFICATION DATED
24/03/2012 BEARING NO. B4-775/12 ISSUED BY
THE SECRETARY, NAVAIKULAM GRAMA PANCHAYAT.
Exhibit P4 TRUE COPY OF THE APPLICATION IN FORM 5
BEARING NUMBER 90/2022/234478 DATED
24/11/2022 SUBMITTED BEFORE THE 1ST
RESPONDENT
Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WPC NO. 9114 OF 2024 DATED
12/03/2024.
Exhibit P6 TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE
COURT IN CON. CASE (CIVIL) NO. 2160/2024
DATED 24/09/2024.
Exhibit P7 TRUE COPY OF THE ORDER IN PROCEEDINGS OF
THE FIRST RESPONDENT BEARING FILE NO.
101/2024 IN APPLICATION NO. 90/2022/234478
DATED 22/08/2024.
