Kerala High Court
Sparkle Constructions Pvt. Ltd vs The Revenue Divisional Officer on 24 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:45559
WP(C) NO. 4100 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947
WP(C) NO. 4100 OF 2024
PETITIONER:
SPARKLE CONSTRUCTIONS PVT. LTD.,
REPRESENTED BY ITS DIRECTOR MINI JOSEPH, DOOR
NO.61/689 (OLD NO.39/4844), M.G. ROAD, RAVIPURAM,
COCHIN, PIN - 682016
BY ADVS.
SHRI.V.N.HARIDAS
SHRI.SAIFUDEEN T.S
SMT.B.SHAMEERA
SMT.NIMISHAMOL SASIDHARAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISION OFFICE, FORT KOCHI,
PIN - 68200
2 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
KRISHIBHAVAN, COCHIN CORPORATION, ERNAKULAM
DISTRICT -, PIN - 686691
3 AGRICULTURAL OFFICER,
KRISHIBHAVAN, COCHIN CORPORATION, ERNAKULAM
DISTRICT, PIN - 686691
4 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE,
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WP(C) NO. 4100 OF 2024
2
C-BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM -,
PIN - 695033
GOVERNMENT PLEADER SMT. JESSY S SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 4100 OF 2024
3
JUDGMENT
Dated this the 24th day of June, 2025
The writ petition is filed to quash Ext.P11 order
and direct the 1st respondent to re-consider Ext.P5
application submitted by the petitioner in Form 5
under Rule 4(4d) of the Kerala Conservation of Paddy
Land and Wetland Rules, 2008 ('Rules' in short).
2. The petitioner is a private limited company
and the owner of 492.84 Ares of land situated in
Edapally South Village, Kanayannur Taluk, Ernakulam
District, covered by Exts.P1 to P3 land tax receipts.
The petitioner's property is a garden land. However,
the respondents have erroneously classified the same
as 'converted land' and included it in the data bank. To
exclude the property from the data bank, the petitioner
had submitted Form 5 application before the 1 st
respondent. Similarly, the petitioner had also
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WP(C) NO. 4100 OF 2024
submitted Ext.P7 application (Form 9) under Rule
12(13) of the Rules. But, by the impugned Exts.P11
and P10 orders, the 1st respondent has rejected
Exts.P5 and P7 applications. Exts.P11 and P10 orders
are illegal and arbitrary. Hence, the writ petition.
3. The 1st respondent has filed a statement
asserting that, the Agricultural Officer has reported that
the petitioner's property is water-logged and low lying
land. As per the Kerala State Remote Sensing
Environmental Report, the petitioner's property is fallow
with scattered vegetation. Therefore, the Agricultural
Officer has recommended not to exclude the property
from the data bank. Consequentially, Ext.P11 order was
passed.
4. Heard; the learned counsel for the petitioner and
the learned Government Pleader.
5. The learned counsel for the petitioner submits
that the petitioner is confining the challenge in the writ
petition to Ext.P11 order passed by the 1st respondent.
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WP(C) NO. 4100 OF 2024
Moreover, in view of the changed position of law i.e.,
since the petitioner's property is classified as converted
land in the data bank, which is an unnotified land,
notwithstanding Exts.P11 and P10 orders passed by the
1st respondent, the petitioner may be permitted to file a
Form 7 application as envisaged under Section 27A r/w
12(1) of the Act and Rules.
6. The learned Government Pleader submits that
the petitioner's property has been classified as converted
land, wetland and partially wetland in the data bank.
Therefore, the Form 7 application can only be with
respect to the property classified as converted land in
the data bank.
7. It is well setted in a catena of decisions by this
Court and the Honourable Supreme Court that the
provisions of the Act are applicable only if the property
is classified as 'paddy land' or 'wetland' in the data
bank.
8. It is the specific case of the petitioner that, the
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property is a converted land. Therefore, notwithstanding
Ext.P11 order, the petitioner may be permitted to submit
a Form 7 application before the 1 st respondent.
In light of the above submission, the writ petition
is disposed of, by permitting the petitioner to file a Form
7 application before the 1st respondent. If such an
application is filed, the 1st respondent shall process the
application, if the petitioner's property is shown as
converted land in the data bank, in accordance with law
and as expeditiously as possible, at any rate, within four
months from the date of submission of the Form 7
application.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rmm/24/6/2025
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WP(C) NO. 4100 OF 2024
APPENDIX OF WP(C) 4100/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF LAND TAX RECEIPT DATED.
31.12.2020 ISSUED BY EDAPALLY SOUTH
VILLAGE EVIDENCING PAYMENT OF TAX IN
THANDAPPER NUMBER 25199
Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT
DATED. 03.03.2021 ISSUED BY EDAPALLY
SOUTH VILLAGE EVIDENCING PAYMENT OF TAX
IN THANDAPPER NUMBER 31268/B
Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT
DATED. 31.12.2020 ISSUED BY EDAPALLY
SOUTH VILLAGE EVIDENCING PAYMENT OF TAX
IN THANDAPPER NUMBER 25662
Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE
DATA BANK DATED 22.02.2021 WITH RESPECT
TO THE PROPERTIES OF THE PETITIONER
Exhibit P5 A TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT DATED 12.02.2021
Exhibit P6 A TRUE COPY OF THE INFORMATION REPORT
OBTAINED FROM THE 4TH RESPONDENT DATED
28.03.2021
Exhibit P7 A TRUE COPY OF THE APPLICATION IN FORM 9
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT DATED 22.09.2021
Exhibit P8 A TRUE COPY OF THE LIST DATED 22.09.2021
PREPARED BY THE PETITIONER AND SUBMITTED
BEFORE THE 1ST RESPONDENT
Exhibit P9 A TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WP(C) NO. 11379 OF 2022
DATED 31.03.2022
Exhibit P10 A TRUE COPY OF THE ORDER REJECTING FORM 9
APPLICATION ISSUED BY THE 1ST RESPONDENT
DATED 07.06.2023
Exhibit P11 A TRUE COPY OF THE ORDER ISSUED BY THE
1ST RESPONDENT REJECTING FORM 5
APPLICATION DATED 08.12.2023
Exhibit P12 A true copy of the report of the then
agricultural officer dated 03.05.2016
