Kerala High Court
Aneesh vs The District Collector Kollam on 9 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 8534 OF 2025
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2025:KER:40607
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. 8534 OF 2025
PETITIONER/S:
ANEESH,
AGED 37 YEARS
S/O. ASHTAMAN, ANEESH BHAVANAM, MANAKKARA,
SASTHAMCOTTA P.O., KOLLAM DISTRICT, PIN - 690521
BY ADVS.
SRI.ABDUL JAWAD K.
SMT.A.GRANCY JOSE
SMT.AYSHA A.A.
RESPONDENT/S:
1 THE DISTRICT COLLECTOR KOLLAM,
DISTRICT COLLECTORATE, KOLLAM DISTRICT, PIN -
691013
2 THE SUB COLLECTOR, KOLLAM,
REVENUE DIVISIONAL OFFICE, KOLLAM DISTRICT, PIN -
691013
3 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, SASTHAMCOTTA, KOLLAM DISTRICT, PIN -
690521
OTHER PRESENT:
GP SMT DEEPA V
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. 8534 OF 2025
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Dated this the 9th day of June, 2025
JUDGMENT
The writ petition is filed to quash Ext.P11 order
and direct the 2nd respondent to reconsider Ext.P7
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 and his wife are the co-owners of
4.05 Ares of land comprised in Re Survey No.277/1-2 of
Sasthamcotta Village, Kunnathur Taluk, Kollam District
covered by Ext.P1 land tax receipt. The petitioner's
property is a garden land. However, the respondents
have erroneously included the said property as paddy
land in the data bank. In order to exclude the property
from the data bank, the petitioner had submitted Ext.P7
application. However, by the impugned Ext.P11 order,
the 2nd respondent has perfunctorily rejected Ext.P7
application without any application of mind. The 2nd
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respondent has not directly inspected the property or
referred to Ext.P9 Kerala State Remote Sensing and
Environment Centre ('KSREC', in short) report.
Therefore, Ext.P11 order is liable to be quashed.
3. The 2nd respondent has filed a statement, inter-
alia, stating that as per the site inspection conducted by
the 3rd respondent, it was found that there are adjacent
properties with paddy cultivation. Therefore, if the
petitioner's property is excluded from the data bank, it
would adversely affect the paddy cultivation in the
locality.
4. Heard; the learned counsel for the petitioner
and the learned Government Pleader.
5. The petitioner's specific case is that, his
property is a garden land. The respondents have
erroneously classified the same as paddy land and
included it in the data bank. Even though the petitioner
had submitted Ext.P7 application, paid the prescribed fee
and Ext.P9 report was obtained by the Agricultural
Officer from the KSREC, none of those matters were
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considered by the 2nd respondent while passing Ext.P11
order. There is total non-application of mind in the
impugned order.
6. 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 (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)).
7. Ext.P11 order substantiates that the 2 nd
respondent has not directly inspected the property. He
has also not adverted to the findings in Ext.P9 KSREC
report. He has also not rendered any independent finding
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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. Instead by solely relying on the report of the
Agricultural Officer, the impugned order has passed.
Thus, I am satisfied and convinced that Ext.P11 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.
In the result, the writ petition is allowed in the
following manner:
(i). Ext.P11 order is quashed.
(ii). The 2nd respondent/authorised officer is
directed to reconsider the Ext.P7 application
submitted by the petitioner by either directly
inspecting the property or adverting to the
observations made in Ext.P9 KSREC report,
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in accordance with law.
(iii). The authorised officer shall carry out the
above exercise, in accordance with law and
as expeditiously as possible, at any rate
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
rkc/09.06.25
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APPENDIX OF WP(C) 8534/2025
PETITIONER EXHIBITS
Exhibit - P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED
04/10/2021 ISSUED IN FAVOUR OF THE
PETITIONER
Exhibit - P2 A TRUE COPY OF THE RECEIPT DATED
18/11/2022 OF THE PROPERTY TAX PAID BY
THE PETITIONER'S FATHER
Exhibit - P3 A TRUE COPY OF THE PROVISIONAL INVOICE
CARD ISSUED BY THE KERALA WATER AUTHORITY
DATED 24/08/2015
Exhibit - P4 A TRUE COPY OF THE ELECTRICITY BILL DATED
23/09/21 ISSUED IN THE NAME OF THE
PETITIONER'S FATHER BY THE KERALA STATE
ELECTRICITY BOARD
Exhibit - P5 A TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFIED DATA BANK NO. JS 2312/2012 DATED
15/03/2012 CONCERNING THE LAND OF THE
PETITIONER
Exhibit - P6 TRUE PHOTOGRAPHS SHOWING THE LAND OF THE
PETITIONER
Exhibit - P7 A TRUE COPY OF THE FORM 5 APPLICATION
DATED 16/03/2022 SUBMITTED BY THE
PETITIONER AND HIS WIFE
Exhibit - P8 A TRUE COPY OF THE RECEIPT DATED
16/03/2022 SHOWING THE SUBMISSION OF
EXT.P7 APPLICATION
Exhibit - P9 A TRUE COPY OF THE RELEVANT PAGES OF THE
KSREC REPORT DATED NIL
Exhibit - P10 A TRUE COPY OF THE COMMUNICATION OF THE
2ND RESPONDENT DATED 15/02/2024
Exhibit - P11 A TRUE COPY OF THE ORDER DATED 25/02/2023
PASSED BY THE 2ND RESPONDENT
