Kerala High Court
Rosamma Thomas vs State Of Kerala on 18 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 14505 OF 2025
2025:KER:43476
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
WP(C) NO. 14505 OF 2025
PETITIONER:
ROSAMMA THOMAS,
AGED 89 YEARS
W/O LATE P.S. THOMAS, RESIDING AT PATHALIL HOUSE,
BOATJETTY, VAZAPALLY EAST VILLAGE, CHANGANACHERRY
P.O., CHANGANACHERRY TALUK, KOTTAYAM DISTRICT, PIN -
686101
BY ADVS.
SRI.K.SHAJ
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SMT.MINU VITTORRIA PAULSON
SHRI.KEVIN JAMES
SHRI.BHARAT VIJAY P.
SMT.SAUMYA.P.S
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
WP(C) NO. 14505 OF 2025
2025:KER:43476
2
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
COLLECTORATE,KOTTAYAM DISTRICT, PIN - 686001
3 LOCAL LEVEL MONITORING COMMITTEE FOR VAZHAPALLY GRAMA
PANCHAYAT,
(REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
KRISHI BHAVAN,CHANGANACHERRY, VAZHAPALLY WEST
P.O.,KOTTAYAM DISTRICT, PIN - 686103
4 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, CHANGANACHERRY,VAZAPPALLY WEST
P.O.,KOTTAYAM DISTRICT, PIN - 686103
5 THE VILLAGE OFFICER,
VILLAGE OFFICE, VAZHAPALLY EAST, CHANGANACHERRY,
KOTTAYAM DISTRICT, PIN - 686103
6 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
REPRESENTED BY ITS DIRECTOR, 1ST FLOOR, VIKAS BHAVAN,
NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF KERALA
SENATE HOUSE CAMPUS, PMG, THIRUVANANTHAPURAM, PIN -
695033
SR GP SMT PREETHA K K ,SC SRI VISHNU S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14505 OF 2025
2025:KER:43476
3
C.S.DIAS, J.
---------------------------------------
WP(C) No.14505 of 2025
-----------------------------------------
Dated this the 18th day of June, 2025
JUDGMENT
The writ petition is filed to quash Ext.P2 order and
direct the 2nd respondent to re-consider Ext.P1 application
filed in Form 5 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 78
Ares and 95 Sq. meters of land comprised in Re-Survey
No.6/2-4 in Block No.114 in Vazhappally East Village,
Changanacherry Taluk, Kottayam District. 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.P1 application before the 2nd respondent. But, by the
impugned Ext.P2 order, the 2nd respondent has
WP(C) NO. 14505 OF 2025
2025:KER:43476
perfunctorily rejected Ext.P1 application, by solely on the
basis of the report of the Agricultural Officer. The 2 nd
respondent has not directly inspected the property or
called for satellite images as envisaged under Rule 4(4f) of
the Rules. Hence, Ext. P2 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 converted land. The respondents have
erroneously classified the property as a paddy land. Even
though she submitted Ext.P1 application before the 2 nd
respondent to exclude the property from the data bank,
the 2nd respondent has rejected the same without any
application of mind.
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
WP(C) NO. 14505 OF 2025
2025:KER:43476
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)).
6. Ext.P2 order substantiates that the 2nd 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, 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. Therefore, I am
convinced and satisfied that Ext.P2 order has been passed
WP(C) NO. 14505 OF 2025
2025:KER:43476
without any application of mind, and the same is liable to
be quashed and the 2nd 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.P2 order is quashed.
(ii). The 2nd respondent/authorised officer is
directed to reconsider Ext.P1 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.P1 application, in
accordance with law and as expeditiously as possible,
WP(C) NO. 14505 OF 2025
2025:KER:43476
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
SCB.18.06.25.
WP(C) NO. 14505 OF 2025
2025:KER:43476
APPENDIX OF WP(C) 14505/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE APPLICATION NO.
2/2024/1890662 DATED 23/01/2024 UNDER FORM
5 UNDER RULE 4(D) OF THE KERALA
CONSERVATION OF PADDY LAND AND WETLAND
RULES, 2008 SUBMITTED TO THE 2ND
RESPONDENT BY THE PETITIONER.
Exhibit P2 THE TRUE COPY OF THE ORDER DATED
20/12/2024 IN FILE NO. 33/2024 ISSUED BY
THE 2ND RESPONDENT.
