Kerala High Court
Saju Jose vs State Of Kerala on 5 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 44009 OF 2024
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2025:KER:39510
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947
WP(C) NO. 44009 OF 2024
PETITIONER/S:
SAJU JOSE,AGED 58 YEARS
S/O.M P JOSE, MULAVARICKAL HOUSE, PRASANNAPURAM,
CHOWARA P.O, ERNAKULAM DISTRICT, PIN - 683571
BY ADVS.
SMT.PREEJA V.P.
SRI.V.P.PRASANTH
RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY THE SECRETARY TO THE
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 REVENUE DIVISIONAL OFFICER,OFFICER OF RDO, K B
JACOB ROAD,FORT KOCHI, ERNAKULAM, PIN - 682001
3 THE VILLAGE OFFICER,CHOWARA VILLAGE OFFICE,ALUVA,
ERNAKULAM DISTRICT, PIN - 683571
4 THE AGRICULTURAL OFFICER,SREEMOOLANAGARAM,
NEDUMBASSERY,ERNAKULAM DISTRICT, PIN - 683580
SR.GP.SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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C.S.DIAS, J.
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WP(C) No. 44009 of 2024
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Dated this the 5th day of June, 2025
JUDGMENT
The writ petition is filed to direct the 2 nd
respondent to accept and consider the Form 6 application
proposed to be submitted by the petitioner with respect
to 19.17 Ares of land comprised in Re Survey No.322/3-
11 in Block No.31 of Chowara Village, Aluva Taluk,
Ernakulam District.
2. The petitioner is the owner in possession of
39.59 Ares of land comprised in the above survey number
covered by Ext.P1 settlement deed. The 2 nd respondent is
not accepting the Form 6 application of the petitioner in
respect of 19.17 Ares of land, out of the above total
extent, to change the nature of the petitioner's property
in the revenue records. In fact, the entire extent of the
petitioner's property was classified as 'nilam' in the
revenue records and was included in the data bank. The
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petitioner's Form 5 and Form 6 applications in respect of
20.18 Ares were allowed by the respondents and the
petitioner is paying tax in respect of the said extent of
property, as evidenced by Ext.P3 receipt. Subsequently,
the petitioner's Form 5 application in respect of the
remaining 19.17 Ares of property was also allowed by
Ext.P4 order. After that, the petitioner attempted to
upload the Form 6 application in respect of 19.17 Ares of
land, but the system has rejected the application with an
endorsement that "Update failed. Already this Form type
approved for this survey number. No need to apply for
the same". The rejection of the petitioner's Form 6
application is illegal and arbitrary. Hence, the writ
petition.
3. The 2nd respondent has filed a statement, inter
alia, stating that the petitioner is the owner of 39.59 Ares
of land (approximately 98 cents of land) comprised in the
above survey number. The petitioner ought to have filed a
single Form 5 application in respect of the whole
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property, to remove the property from the data bank, and
after the application was allowed, filed a Form 7
application, to change the nature of the property in the
revenue records. Instead, in order to evade the setting
apart of 10% of the total extent of land for water
conservation measures, the petitioner has deliberately
filed the Form 6 application separately. The said
procedure cannot be permitted because it would defeat
the benevolent purpose behind Section 27A read with
Rule 12 of the Kerala Conservation of the Paddy Land and
Wetland Act, 2008 and the Rules ('Act' and 'Rules', in
short). The system has rightly rejected the petitioner's
application.
4. Heard; the learned counsel for the petitioner
and the learned Government Pleader.
5. The learned counsel for the petitioner
submitted that, the petitioner is ready and willing to set
apart 10% of the total extent of 39.59 Ares for the water
conservancy measures as enjoined in the Act and the
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Rules.
6. The learned Government Pleader, on
instructions submitted that, the petitioner's online
application will be accepted by the 2nd respondent, as a
special case, subject to the condition that the petitioner
files an undertaking before the 2 nd respondent that he is
willing to set apart 10% of 39.59 Ares for the water
conservancy measures. But, this case shall not be treated
as a precedent.
On a consideration of the facts and materials on
record and the undertaking made by the petitioner before
this Court, I dispose of the writ petition by directing the
2nd respondent to accept the petitioner's Form 6 online
application, subject to the condition that the petitioner
files an undertaking before the 2nd respondent along with
a copy of this judgment, that 10% of the total extent of
39.59 Ares shall be set apart for the water conservancy
measures as envisaged under the Act and Rules. If such
undertaking is filed, the 2nd respondent shall accept and
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consider the online application, in accordance with law
and as expeditiously as possible, at any rate, within sixty
days from the date of receipt of a copy of the judgment
along with the undertaking. It is made clear that, this
judgment is passed in the peculiar facts and
circumstances of this particular case and shall not be
treated as a precedent, especially because the online
submission of applications have been implemented.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE
rkc/05.06.25
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APPENDIX OF WP(C) 44009/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SETTLHEMENT DEED NO:
1519/1/2016 OF SRO SREEMOOLANAGARAM DATED
30.06.2016 EXECUTED BY THE MOTHER OF THE
PETITIONER ALICE
Exhibit P2 A TRUE COPY OF THE ORDER NO: 5502 /2023
DATED 26.03.2024 ISSUED BY THE 2ND
RESPONDENT
Exhibit P3 A TRUE COPY OF THE RECEIPT NO:
KLO7040304249/2024 DATED 24.08.2024
ISSUED BY THE 3 RESPONDENT VILLAGE
OFFICER
Exhibit P4 A TRUE COPY OF THE FORM 5 APPLICATION
DATED 05.03.2021 SUBMITTED BY THE
PETITIONER
Exhibit P5 A TRUE COPY OF THE ORDER NO:
RDOCHN/686/2024-K7/K-DIS DATED 29.05.2024
ISSUED BY THE 2ND RESPONDENT
Exhibit P6 A TRUE COPY OF THE SCREEN SHOT OF THE
COMPUTER SCREEN DATED 24.10.2024 WHICH
SHOWS THE ENDORSEMENT
