Kerala High Court
John Gomez vs The Revenue Divisional Officer on 16 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:42602
WP(C) NO. 37689 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 16TH DAY OF JUNE 2025 / 26TH JYAISHTA, 1947
WP(C) NO. 37689 OF 2024
PETITIONER:
JOHN GOMEZ,
AGED 75 YEARS
S/O JOHN DANIEL MARIAN GOMEZ, RESIDING AT JOHN
DALE, PATTATHANATHU CHERRY, VADAKKEVILA VILLAGE,
PATTATHANATHU P.O, KOLLAM DISTRICT,, PIN - 691021
BY ADV SHRI.A.JANI(KOLLAM)
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
THIRUVANANTHAPURAM DISTRICT, COLLECTORATE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE KAZHAKKOOTTAM VILLAGE OFFICER,
KAZHAKKOOTTAM VILLAGE, THIRUVANANTHAPURAM
DISTRICT, PIN - 695022
3 THE THAHSILDAR,
THIRUVANANTHAPURAM TALUK, TALUK OFFICE,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM DISTRICT, COLLECTORATE,
THIRUVANANTHAPURAM, PIN - 695001
5 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO DEPARTMENT OF
REVENUE, SECRETARIATE, THIRUVANANTHAPURAM, PIN -
695001
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WP(C) NO. 37689 OF 2024
2
OTHER PRESENT:
GP SMT JESSY S SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 37689 OF 2024
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JUDGMENT
Dated this the 16th day of June, 2025
The writ petition is filed to quash Ext.P9 order
passed by the 1st respondent, rejecting Ext.P7
application (Form 7) filed under Section 27A r/w Rule
12(1) of the Kerala Conservation of Paddy Land and
Wetland Act and Rules, 2008 ('Act' and 'Rules' in
short).
2. The petitioner is the owner in possession of
the properties covered by Ext.P1 sale deed and Ext.P2
basic tax receipt. The said land is not included in the
data bank. However, in the revenue records, the
petitioner's property is shown as paddy land. In order
to change the nature of category, the petitioner had
submitted Ext.P7 application before the 1 st
respondent. But, the 1st respondent, on the
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WP(C) NO. 37689 OF 2024
observation of the Local Level Monitoring Committee
(LLMC) that the property has to be included in the
data bank, has perfunctorily rejected Ext.P7
application by Ext.P9 order. Ext.P9 order is illegal
and arbitrary. Hence, the writ petition.
3. The 1st respondent has filed a statement,
stating that Ext.P7 application was forwarded to the
Agricultural Officer and the Village Officer. The Village
Officer has reported that 90% of the petitioner's
property is water-logged and swampy. The Village
Officer has issued a stop memo, since there was an
attempt to illegally convert the land. The Village Officer
has also recommended not to convert the land due to
environmental problems. The LLMC has also reported
that, if the petitioner's property is converted, it would
cause environmental problems.
4. Heard; the learned counsel for the petitioner
and the learned Government Pleader.
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WP(C) NO. 37689 OF 2024
5. The petitioner's specific case is that, his
property is a converted land. It is not included in the
data bank. However, in the revenue records, the
petitioner's property is classified as paddy land. In the
said circumstances, the petitioner had submitted Ext.P7
application, to change the classification in the revenue
records. But, by Ext.P9 order, the 1 st respondent has
rejected Ext.P7 application, solely on the ground that
the LLMC has recommended that the property is to be
included in the data bank. Therefore, Ext.P7 application
cannot be considered.
6. Indisputably, so long as the petitioner's
property is not included in the data bank, the
respondents cannot take a stand that Form 7 application
cannot be considered. So long as the petitioner's
property is a unnotified land and is shown as paddy land
in the revenue records, it is the bounden duty on
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the part of the 1st respondent/ authorised officer to
consider Ext.P7 application as envisaged under Section
27A r/w 12(1) of the Act and Rules. Without following
the said course, the 1st respondent has rejected the
application on the assumption that the petitioner's
property would be included in the data bank in the
future. It is also not in dispute that till date the
petitioner's property has not been included in the data
bank. Therefore, I am satisfied that Ext.P9 order is
smacked with malafides and arbitrariness, and the same
is liable to be set aside.
In the result, the writ petition is allowed in the
following manner:
(i). Ext.P9 order is quashed.
(ii). The first respondent/authorised officer is
directed to reconsider Ext.P7 application, in
accordance with law and as expeditiously as
possible, at any rate, within 60 days from the date
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of production of a copy of this judgment.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE
rmm/16/6/2025
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WP(C) NO. 37689 OF 2024
APPENDIX OF WP(C) 37689/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF SALE DEED NO: 1910 DATED
03/06/1965 OF KAZHAKKOOTTAM S.R.O
Exhibit P2 A TRUE COPY OF BASIC TAX RECEIPT NO:
KL01010807086/2022 DATED 06/09/2022
ISSUED BY THE KAZHAKKOOTTAM VILLAGE
OFFICE
Exhibit P3 A TRUE COPY OF RELEASE DEED NO: 729
DATED 04/03/2020 OF KAZHAKKOOTTAM S.R.O
IN FAVOUR OF THE WRIT PETITIONER
Exhibit P4 A TRUE COPY OF RELEVANT PAGES OF KERALA
GAZETTE NO: 3215 DATED 07/06/2019
Exhibit P5 PHOTOGRAPHS
Exhibit P 6 A TRUE COPY OF RECEIPT NO:
A2145212300931 DATED 27/02/2024 ISSUED
BY THE KSEB TO THE PETITIONER
Exhibit P7 A TRUE COPY OF THE FORM VII APPLICATION
SUBMITTED BY THE PETITIONER ON
29/09/2022 BEFORE THE REVENUE DIVISIONAL
OFFICER, THIRUVANANTHAPURAM BEARING NO:
749/2022/9621
Exhibit P8 A TRUE COPY OF JUDGMEENT DATED 12.6.2024
IN WP(C) NO; 14268 OF 2024 BEFORE THIS
HON'BLE COURT
Exhibit P9 A TRUE COPY OF THE ORDER DATED
07/06/2024 AS PER FILE NO. 8 2791/2024
RENDERED BY THE FIRST RESPONDENT,
REVENUE DIVISIONAL OFFICER
Exhibit P10 A TRUE COPY OF THE REPORT OF THE VILLAGE
OFFICER AS PER REF NO. 749/2022/9621
DATED 07/09/2023
Exhibit P11 A TRUE COPY OF REPORT SUBMITTED BY THE
AGRICULTURAL OFFICER DATED NIL AS PER
REF NO. 749/2022/9621 TO THE FIRST
RESPONDENT,
Exhibit P12 A TRUE COPY OF CIRCULAR NO.
P.1/117/2021, DATED 23.07.2021, ISSUED
BY THE ADDITIONAL SECRETARY, DEPARTMENT
OF REVENUE, GOVERNMENT OF KERALA.
Exhibit P13 A TRUE COPY OF CIRCULAR REV.
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WP(C) NO. 37689 OF 2024
P.1/117/2021, DATED 10.12.2021, ISSUED
BY THE ADDITIONAL SECRETARY, FOR
GOVERNMENT OF KERALA.
Exhibit P14 A TRUE COPY OF THE PROCEEDINGS APPENDED
WITH THE ORDER NO. 3825/2021-I1 DATED
09/03/2022 ISSUED BY THE 1ST RESPONDENT
Exhibit P15 A TRUE COPY OF THE FIELD MEASUREMENT
SKETCH REGARDING THE AREA AS PER THE RE-
Exhibit P16 A TRUE COPY OF THE APPLICATION DATED
03/02/2025 SUBMITTED BY THE PETITIONER
THROUGH HIS LAWYER UNDER THE RIGHT TO
INFORMATION ACT
Exhibit P17 A TRUE COPY OF THE APPLICATION FILED
THROUGH PETITIONERS DETAILS UNDER THE
RIGHT TO INFORMATION ON 03/02/2025,
SEEKING THE DETAILS OF THE LLMC MEETING.
Exhibit P18 A TRUE REPLY COPY REPLY NO. KBN 4/2024-
25, ISSUED BY THE PUBLIC INFORMATION
OFFICER
Exhibit P19 A TRUE COPY OF THE PROCEEDINGS, WHICH
INCLUDED THE PETITIONER IN THE DATA
BANK, WHICH IS GIVEN TO THE PETITIONER
UNDER THE RIGHT TO INFORMATION ACT,
