Kerala High Court
Pramod. R vs District Collector on 16 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:42603
WP(C) NO. 7597 OF 2025
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. 7597 OF 2025
PETITIONER:
PRAMOD. R,
AGED 41 YEARS
S/O RAJAN A, MALAYIDUK HOUSE, KAKKAYUR P.O,
KODUVAYUR 2 VILLAGE,CHITTOOR TALUK, PALAKKAD
DISTRICT, PIN - 678512
BY ADVS.
SMT.SANDRA RAJAN I.
SHRI.DEEPESH E.S
SMT.PRAJISHA V.
RESPONDENTS:
1 DISTRICT COLLECTOR,
COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD., PIN - 678013
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, PALAKKAD, PIN - 678001
3 THE VILLAGE OFFICER,
KODUVAYUR II VILLAGE, PALAKKAD DISTRICT, PIN -
678501
4 THE AGRICULTURAL OFFICER,
AGRICULTURE OFFICE, KODUVAYUR, PALAKKAD, PIN -
678534
5 THE LOCAL LEVEL MONITORING COMMITTEE,
KODUVAYUR,REPRESENTED BY ITS CONVENER, THE
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2
AGRICULTURAL OFFICER, KODUVAYUR, PALAKKAD., PIN -
678534
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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3
JUDGMENT
Dated this the 16th day of June, 2025
The writ petition is filed to quash Ext.P8 order
and direct the 2nd respondent to re-consider Ext.P5
application (Form 5) submitted 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
2.43 Ares of land covered by Ext.P1 sale deed and
Ext.P2 land tax receipt. The petitioner's property is a
converted land. However, the respondents have
erroneously classified the same as 'paddy land' 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.P8 order, the 2 nd
respondent has perfunctorily rejected Ext.P5
application, solely on the basis of the report of the
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Agricultural Officer. The 2nd respondent has not
directly inspected the property or called for the
satellite images, subsequent to the filing of Ext.P5
application. Therefore, Ext.P8 order is liable to be
quashed.
3. Heard; the learned counsel for the petitioner
and the learned Government Pleader.
4. The petitioner's specific case is that, his property
is a converted land. It is not suitable for paddy
cultivation. Nonetheless, the 2nd respondent without any
application of mind, has rejected Ext.P5 application. In
fact the Form 5 application filed by the adjacent property
owner was allowed by the 2nd respondent by Ext.P9
order. The petitioner is entitled to the benefit of a
similar order.
5. In a plethora of judicial precedents, this Court
has 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
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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)).
6. Ext.P8 order substantiates that the second
respondent has not directly inspected the property or
called for the satellite images as envisaged under Rule
4(4f) of the Rules. The second respondent has also not
rendered any independent finding regarding the nature,
character or lie of the petitioner's property as on
12.08.2008, or whether the removal of the petitioner's
property from the data bank would adversely affect the
paddy cultivation in the locality, if any. Therefore, I am
convinced and satisfied that Ext.P8 order has been
passed without any application of mind, and the same is
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liable to be quashed and the second
respondent/authorised officer be directed to reconsider
the matter afresh, in accordance with law, after
adverting to the principles of law laid down in the
aforesaid decisions and the materials available on
record.
In the result, the writ petition is allowed in the
following manner:
(i). Ext.P8 order is quashed.
(ii). The second respondent/authorised officer
is directed to reconsider Ext.P5 application, in
accordance with law. It would be up to the
authorised officer to either directly inspect the
property or call for satellite images as per the
procedure provided under Rule 4(4f) 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
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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.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rmm/16/6/2025
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WP(C) NO. 7597 OF 2025
APPENDIX OF WP(C) 7597/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF SALE DEED NO. 961/2017 DATED
21.07.2017 OF THE SRO KODUVAYUR
Exhibit P2 TRUE COPY OF SALE DEED NO. 409/2013 DATED
12.02.2013 OF THE SRO KODUVAYUR
Exhibit P3 TRUE COPY OF SALE DEED NO 1986/2012 OF
THE SRO KODUVAYUR DATED 29.06.2012
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF DATA
BANK ISSUED BY AGRICULTURAL OFFICER ,
KRISHI BHAVAN , KODUVAYUR
Exhibit P5 TRUE COPY OF THE FORM 5 APPLICATION DATED
13.09.2022 SUBMITTED BY THE PETITIONER
Exhibit P6 TRUE COPY OF THE REPORT DATED 23.05.2022
OF THE KERALA STATE REMOTE SENSING AND
ENVIRONMENT CENTRE,THIRUVANANTHAPURAM
Exhibit P7 TRUE COPY OF THE PHOTOGRAPHS TO SHOW TRUE
NATURE AND CONDITION OF THE AFORESAID
PROPERTY OF THE PETITIONER
Exhibit P8 TRUE COPY OF THE ORDER DATED 25.08.2022
PASSED BY THE 2ND RESPONDENT
Exhibit P9 TRUE COPY OF THE ORDER DATED 30.03.2022
PASSED BY THE 2ND RESPONDENT
Exhibit P10 TRUE COPY OF SEARCH REPORTS DATED
13.02.2025 FROM REGISTRATION DEPARTMENT
IN RESPECT OF DOCUMENT NO. 819/2017
Exhibit P11 TRUE COPY OF SEARCH REPORTS DATED
13.02.2025 FROM REGISTRATION DEPARTMENT
IN RESPECT OF DOCUMENT NO. 138/2013
