Kerala High Court
Sujith vs District Collector on 11 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 38770 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
WP(C) NO. 38770 OF 2024
PETITIONER/S:
1 SUJITH,
AGED 34 YEARS
S/O SUBRAMANYAN.K, CHAITHANYA NIVAS,AYIKKARAPPADY,
P.O.CHERUKAV, MALAPPURAM, PIN - 673637
2 HARSHA,
AGED 30 YEARS
W/O SUJITH, CHAITHANYA NIVAS, AYIKKARAPPADY,
P.O.CHERUKAV, MALAPPURAM, PIN - 673637
BY ADVS.
SHRI.RANJITH C.
SRI.V.GANGADHARAN
SHRI.KIRAN JOHNY
SMT.SHINY GEORGE MEKKATTUKULAM
SHRI.BINJO ANDREWS
SMT.SEBI S. RAJ
RESPONDENT/S:
1 DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE,
MALAPPURAM, PIN - 676505
2 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, PERINTHALMANA, MALAPPURAM,
PIN - 679322
3 DEPUTY COLLECTOR (DM),
OFFICE OF THE DEPUTY COLLECTOR(DM), COLLECTORATE, CIVIL
STATION, MALAPPURAM, PIN - 676505
WP(C) NO. 38770 OF 2024
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4 VILLAGE OFFICER,
CHELEMBRA VILLAGE OFFICE, MALAPPURAM, PIN - 673634
5 AGRICULTURAL OFFICER,
CHELEMBRA KRISHIBHAVAN, MALAPPURAM, PIN - 673634
6 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE,VIKAS BHAVAN,THIRUVANANTHAPURAM, PIN - 695033
7 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER, AGRICULTURAL
OFFICER,CHELEMBRA KRISHIBHAVAN, MALAPPURAM, PIN -
673634
GP SMT. DEEPA V.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38770 OF 2024
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C.S.DIAS, J.
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WP(C) No.38770 OF 2024
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Dated this the 11th day of July, 2025
JUDGMENT
The petitioners are the owners in possession of 4.65
Ares of land comprised in Survey No.90/5-8 in Chelambra
Village, Kondotty Taluk, covered under Ext.P1 land tax
receipt. The petitioners' property is a converted land. There
are more than 15 coconut trees above the age of 25 years and
other plantations. There are residential buildings in the said
locality. But, 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 petitioners 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, the petitioners were informed that
their Form 5 application has been rejected. Nonetheless, the
petitioners were not served with a copy of the rejection order,
even though they approached the 2 nd respondent for the same.
It is only due to the non-receipt of the order, the petitioners
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could not produce the same along with this writ petition.
Therefore, the respondents may be directed to reconsider
Ext.P4 application afresh.
2. Heard; the learned counsel for the petitioners and
the learned Government Pleader.
3. The learned Government Pleader submits that, even
though an order was passed rejecting Ext.P4 application, the
said order could not be uploaded during the transitional stage
from offline to online. It is in the said circumstances that the
petitioners were not served with the rejection order.
4. On a consideration of the facts and materials on
record, especially that the petitioners have not been served
with the rejection order on the ground that there was a
transition in the passing of the orders on such application from
offline to online, I am of the definite view that the petitioners
were not served with the order rejecting the application.
Therefore, it is only to be assumed that Ext.P4 application is
still pending consideration before the 2nd respondent, who is to
be directed to reconsider Ext.P4 application afresh.
Accordingly without expressing anything on the merits
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of Ext.P4 application, I allow the writ petition by ordering as
follows:
(i) The 5th respondent is directed to submit his report
as provided under Rule 4(4e) of the Rules to the 2 nd
respondent/authorised officer within one month
from the date of production of a copy of this
judgment.
(ii) On receipt of the above report, the 2 nd
respondent/authorized officer, after verifying the
contents in the data bank by conducting inspection
directly or with the help of satellite pictures
prepared by the Central/State Institute of Science
and Technology as envisaged under Rule 4(4f), shall
consider and dispose Ext.P4 application, in
accordance with law and as expeditiously as
possible, at any rate, within one month from the
date of receipt of the above report.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE
rkc/11.07.25
WP(C) NO. 38770 OF 2024
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APPENDIX OF WP(C) 38770/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT NO.
KL10070207468/2024 DATED 14/06/2024 ISSUED BY
THE 4TH RESPONDENT
Exhibit P2 TRUE COPY OF PHOTOGRAPHS OF THE PROPERTY
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF DATA
BANK DATED 11/01/2022 ISSUED BY THE 5TH
RESPONDENT
Exhibit P4 A. TRUE COPY OF FORM.5 APPLICATION
NO.5/2022/13385 DATED 03/03/2022.TRUE COPY OF
THE FORM.5 APPLICATION NO.5/2022/13385 DATED
03.03.2022
Exhibit P5 A. TRUE COPY OF ONLINE APPLICATION MOVEMENT
ON FORM.5 APPLICATION WAS ISSUED BY THE
OFFICE OF THE 2ND RESPONDENT DATED NIL
Exhibit P6 A. TRUE COPY OF THE REPORT NO.CKB27/2022-23
DATED NIL ISSUED BY THE 5TH RESPONDENT
Exhibit P7 A. TRUE COPY OF THE APPLICATION UNDER RIGHT
TO INFORMATION DATED 11.07.2024
Exhibit P8 A. TRUE COPY OF THE LETTER NO.
RDOPTM/3745/2024-T2 DATED 19.07.2024
Exhibit P9 A. TRUE COPY OF THE LETTER NO.
DCMPM/8381/2024-T9 DATED 02.08.2024
