Kerala High Court
Kunjammad Haji C.K vs The Revenue Divisional ... on 14 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:51629
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 29299 OF 2024
PETITIONER:
KUNJAMMAD HAJI C.K,
AGED 81 YEARS
S/O LATE BEERAN HAJI, CHEMMANKUZHI HOUSE,
VAZHENKADA P.O, ANAMANGAD,
MALAPPURAM DISTRICT, PIN - 679357
BY ADVS.
SRI.M.PROMODH KUMAR
SMT.MAYA CHANDRAN
SMT.NAVYA SHAIJU M.
SHRI.R.DHANUR DEV
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER(SUB-COLLECTOR),
RDO.OFFICE, PERINTHALMANNA,
MALAPPURAM DISTRICT, PIN - 679322
2 THE VILLAGE OFFICER,
ALLIPARAMBA VILLAGE ,
PERINTHALMANNA TALUK,
MALAPPURAM DISTRICT, PIN - 679322
3 THE AGRICULTURAL OFFICER ,
ALLIPARAMBA PANCHAYAT KRISHIBHAVAN,
THOOTHA P.O, MALAPPURAM DISTRICT, PIN - 679357
OTHER PRESENT:
SENIOR GOVERNMENT PLEADER- SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.29299 OF 2024
2
2025:KER:51629
JUDGMENT
Dated this the 14th day of July, 2025
The petitioner is the owner in possession of
16.18 Ares of land comprised in Survey No.85/3-21 in
Aliparamba Village, Perinthalmanna Taluk. 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.
P1 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. P4
order, the first respondent has perfunctorily rejected
Ext. P1 application, without inspecting the property
directly. Even though the first respondent had called
for Ext. P2 report from the Kerala State Remote
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Sensing and Environment Centre ('KSREC report', for
short), he has rejected Ext. P1 application, stating that
there is no material to prove that the petitioner's
property was converted prior to 2008. The first
respondent has not 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. In the statement filed by the first respondent, it
is stated that, the Agricultural Officer has reported that,
there are arecanut trees situated in the property and the
property was not converted before 2008. Therefore, the
Agricultural Officer recommended not to exclude the
petitioner's property from the data bank.
3. Heard; the learned counsel for the petitioner
and the learned Senior Government Pleader.
4. The petitioner's specific case is that, his
property is a converted land. It is not suitable for paddy
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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.
5. 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 Collector,
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Ernakulam and others (2021 (1) KLT 433)).
6. Ext. P4 order establishes that the first
respondent has not directly inspected the property.
Instead, he had called for Ext. P2 KSREC report. In Ext.
P2 KSREC report, it is specifically stated that, the
petitioner's property is partially a fallow land with
building/structures towards the west and the east side,
along with mixed vegetation/plantation/trees, and a
linear feature representing a pathway/road was aligned
towards the west to east side in the data of 2007. The
said pattern has continued in the data of 2011, 2018, and
2022. It is notwithstanding the above-said observations
and conclusions in Ext. P2 KSREC report that, the first
respondent has found there are no materials to prove the
petitioner's property was not converted before 2008. As
long as the first respondent has not directly inspected
the property and has called for Ext. P2 KSREC report, he
is bound to accept to the observations made in Ext. P2
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KSREC report. Moreover, the first respondent has 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. 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. P4 order is quashed.
(ii). The first respondent/authorised officer is
directed to reconsider Ext. P1 application, in
accordance with law, and as expeditiously as
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possible, at any rate, within sixty days from the date
of the production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
mtk/14.07.25
WP(C) NO.29299 OF 2024
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APPENDIX OF WP(C) 29299/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITIONER'S APPLICATION
UNDER FORM 5 OF THE ACT DATED 19-08-2022.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE
REPORT OF KSREC DATED 21-11-2022.
EXHIBIT P3 TRUE COPY OF THE REPORT OF THE 3RD
RESPONDENT SUBMITTED TO THE 1ST
RESPONDENT ON 11-04-2023.
EXHIBIT P4 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT DATED 06-05-2024 IS
PROCEEDINGS NO.2024/2024.
