Kerala High Court
Gracy Varghese vs The District Collector on 9 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 2381 OF 2025
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2025:KER:40395
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
WP(C) NO. 2381 OF 2025
PETITIONER/S:
GRACY VARGHESE,
AGED 61 YEARS
W/O VARGHESE, PULIYELI HOUSE, THURUTHY P O , (VIA)
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683545
BY ADVS.
SRI.R.RENJITH
SMT.MANJUSHA K
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
COLLECTORATE , KAKKANAD , ERNAKULAM, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER(RDO),
MOOVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686673
3 THE VILLAGE OFFICER,
VENGOOR WEST VILLAGE, (VIA) PERUMBAVOOR , ERNAKULAM
DISTRICT, PIN - 683546
4 THE AGRICULTURE OFFICER,
MUDAKKUZHA, (VIA)PERUMBAVOOR, ERNAKULAM DISTRICT,
PIN - 683546
5 THE LOCAL LEVEL MONITORING COMMITTEE(LLMC),
OFFICE OF THE AGRICULTURE OFFICER , MUDAKKUZHA ,
VIA PERUMBAVOOR , ERNAKULAM DISTRICT, PIN - 683546
OTHER PRESENT:
WP(C) NO. 2381 OF 2025
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GP SMT SYLAJA S L
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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C.S.DIAS, J.
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WP(C) No.2381 OF 2025
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Dated this the 9th day of June, 2025
JUDGMENT
The writ petition is filed to quash Ext.P7 order and
direct the 2nd respondent to reconsider Ext.P5 application
(Form 5) submitted by the petitioner under Rule 4(d) of
the Kerala Conservation of Paddy Land and Wetland
Rules, 2008 ('Rules' in short).
2. The petitioner is the owner in possession of 8.79
Ares of land comprised in Re Survey No.411/20-2 in Block
No.17 of Vengoor West Village, Kunnathunadu Taluk,
Ernakulam District covered by Ext.P1 sale deed. The
petitioner's property is a garden land. However, the
respondents have erroneously classified a portion of the
property as 'nilam' and included it in the data bank. In
order to exclude the property from the data bank, the
petitioner had submitted Ext.P5 application before the 2nd
respondent. But, by the impugned Ext.P7 order, the 2nd
respondent has perfunctorily rejected Ext.P5 application
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without any application of mind or directly inspecting the
property. Ext.P7 order is illegal and arbitrary. Hence, the
writ petition.
3. Heard; the learned counsel for the petitioner
and the learned Government Pleader.
4. The petitioner's specific case is that her
property is a garden land. The respondents have
erroneously classified a portion of the property as 'nilam'
and included it in the data bank. The 2 nd respondent,
without inspecting the property or calling for satellite
images as envisaged under Rule 4(4f) of the Rules, has
rejected Ext.P5 application.
5. In a plethora of judicial pronouncements, this
Court has held that, it is 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
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(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)).
6. Ext.P7 order substantiates that the 2 nd
respondent 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 petitioner's property as on the crucial date, i.e.,
12.08.2008 or whether the exclusion of the property from
the data bank would adversely affect the paddy cultivation
in the locality. Thus, I am satisfied and convinced that
Ext.P7 order is passed without any application of mind
and therefore the same is liable to be quashed, and the 2 nd
respondent/authorised officer be directed to reconsider
the matter afresh, in accordance with law, after
adverting to the principles laid down in the aforecited
decisions and the materials available on record.
(i). Ext.P7 order is quashed.
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(ii). The 2nd respondent/authorised officer is
directed to reconsider Ext.P5 application, in
accordance with law. It would be upto to the
authorised officer to either directly inspect
the property or call for satellite images as per
the procedure provided under rule 4(4f) of
the Rules at the expense of the petitioner.
(iii). If the authorised officer calls for the satellite
images, he shall consider Ext.P5 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. However, if 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.
(iv). It would be upto the petitioner to produce a
copy of the writ petition along with a copy of
the judgment before the authorised officer.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE
rkc/09.06.25
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APPENDIX OF WP(C) 2381/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOSTAT COPY OF THE SALE DEED
NO.997/2005 DATED 23-3-2005 OF SUB
REGISTRY, KURUPPAMPADY
Exhibit P2 TRUE PHOTOSTAT COPY OF THE RELEVANT
PORTION OF THE DATA BANK PREPARED BY THE
DEPARTMENT WITH RESPECT TO THE AREA IN
QUESTION, WHICH WAS NOTIFIED IN THE
OFFICIAL GAZETTE ON 24-3-2012
Exhibit P3 PHOTOGRAPHS EVIDENCING LIE OF THE
PROPERTY
Exhibit P4 PHOTOGRAPH OF THE RESIDENTIAL BUILDING IN
QUESTION
Exhibit P5 TRUE PHOTOSTAT COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER IN FORM NO.5
ON 12-9-2023 ALONG WITH THE TAX RECEIPT
Exhibit P6 TRUE PHOTOSTAT COPY OF THE REPORT
SUBMITTED BY THE 4TH RESPONDENT
Exhibit P7 TRUE PHOTOSTAT COPY OF THE ORDER (FILE)
NO. 277/24 DATED 17-10-2024 PASSED BY THE
2ND RESPONDENT
