Kerala High Court
Vinod C.M vs Revenue Divisional Officer on 24 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:45558
WP(C) NO. 43075 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. 43075 OF 2024
PETITIONERS:
1 VINOD C.M,
AGED 52 YEARS
S/O MUTHU C.V.,CHAMAKKAD HOUSE, VANDAZHY P O,
ALATHURTALUK, PALAKKAD DISTRICT, PIN - 678706
2 BIJU M MATHEW,
AGED 51 YEARS
S/O M U MATHEW, MANAKKAKUDIYIL HOUSE, ELANAD P O,
PAZHAYANNUR, THALAPPILLY TALUK, THRISSUR DISTRICT,
PIN - 680586
BY ADV SRI.BABY MATHEW
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER,
PALAKKAD, OFFICE OF THE REVENUE DIVISIONAL OFFICER,
PALAKKAD, PIN - 678001
2 DEPUTY COLLECTOR (LA),
OFFICE OF THE DEPUTY COLLECTOR (L A), CIVIL STATION,
PALAKKAD, PIN - 678001
3 TAHASILDAR (L R),
TALUK OFFICE, ALATHUR,ALATHUR P O, PALAKKAD
DISTRICT, PIN - 678541
4 VILLAGE OFFICER,
VADAKKENCHERY-I VILLAGE,VADAKKENCHERY P O, ALATHUR
TALUK,PALAKKAD DISTRICT, PIN - 678683
5 AGRICULTURAL OFFICER,
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WP(C) NO. 43075 OF 2024
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VADAKKENCHERY-I VILLAGE,VADAKKENCHERY P O, ALATHUR
TALUK,PALAKKAD DISTRICT, PIN - 678683
SENIOR GOVERNMENT PLEADER SMT. PREETHA K.K.
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. 43075 OF 2024
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JUDGMENT
Dated this the 24th day of June, 2025
The writ petition is filed to quash Exts.P15 and
16 orders and direct the 1 st respondent to re-consider
Exts.P9 and P10 applications submitted by the
petitioners in Form 5 under Rule 4(4d) of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008
('Rules' in short).
2. The petitioners are the owners in possession
of 19.42 and 12.58 Ares of lands comprised in Re-Survey
Nos.510/35 and 510/8-1 in Block No.45 of the
Vadakkenchery-I Village, Alathur Taluk, covered by
Exts.P1 and P2 sale deeds. The petitioners' properties
are converted land. It is not suitable for paddy
cultivation. However, the respondents have erroneously
classified the same as 'paddy land' and included it in the
data bank. In order to exclude the properties from the
data bank, the petitioners had submitted Exts.P9 and
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P10 applications before the 1st respondent. But, by the
impugned Exts.P15 and P16 orders, the 1 st respondent
has perfunctorily rejected applications, without any
application of mind. Exts.P15 and P16 orders are
erroneous and illegal. Hence, the writ petition. As per
Ext.P14 proceedings, the 1st respondent has excluded
the property of the petitioners' adjacent land owner
from the data bank. The petitioners are entitled to the
benefit of a similar order. Hence, the writ petition.
3. Heard; the learned counsel for the petitioners and
the learned Government Pleader.
4. The petitioners specific case is that, their
properties are converted land. It is not suitable for paddy
cultivation. Even though the petitioners had submitted
Exts.P9 and P10 applications, 1st respondent without
directly inspecting the properties or calling for satellite
images as envisaged under Rule 4(4f) of the Rules, has
rejected the said applications.
5. In a plethora of judicial precedents, this Court
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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
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. Exts.P15 and P16 orders establish that the first
respondent has not directly inspected the properties or
called for the satellite images as envisaged under Rule
4(4f) of the Rules. The first respondent has also not
rendered any independent finding regarding the nature,
character or lie of the petitioners' properties as on
12.08.2008, or whether the removal of the petitioners'
properties from the data bank would adversely affect the
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WP(C) NO. 43075 OF 2024
paddy cultivation in the locality. He has also not
considered Ext.P14 order passed in favour of the adjacent
land owner. Thus, I am satisfied that Exts.P15 and P16
orders have been passed without any application of mind,
and the same is liable to be quashed and the first
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). Exts.P15 and P16 orders are quashed.
(ii). The first respondent/authorised officer is
directed to reconsider Exts.P9 and P10 applications,
in accordance with law. It would be up to the
authorised officer to either directly inspect the
properties or call for satellite images as per the
procedure provided under Rule 4(4f) at the expense
of the petitioner.
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(iii) If the authorised officer calls for the satellite
images, he shall consider Exts.P9 and P10
applications, in accordance with law and as
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
properties, 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/24/6/2025
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WP(C) NO. 43075 OF 2024
APPENDIX OF WP(C) 43075/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE DEED NO 3380/2022,
SUB REGISTRAR OFFICE, VADAKKENCHERY
Exhibit P2 A TRUE COPY OF THE SALE DEED NO 3379/2022,
SUB REGISTRAR OFFICE, VADAKKENCHERY
Exhibit P3 TRUE PHOTO OF THE 1ST PETITIONER'S LAND
Exhibit P4 TRUE PHOTO OF THE 2ND PETITIONER'S LAND
Exhibit P5 A TRUE COPY OF THE LOCATION MAP OF THE 1ST
PETITIONER'S LAND ISSUED BY THE VILLAGE
OFFICER, VADAKKENCHERY-1 VILLAGE
Exhibit P6 A TRUE COPY OF THE LOCATION MAP OF THE 2ND
PETITIONER'S LAND ISSUED BY THE VILLAGE
OFFICER, VADAKKENCHERY-1 VILLAGE
Exhibit P7 A TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 29/11/2023 IN RESPECT OF 1ST
PETITIONER'S LAND ISSUED BY THE VILLAGE
OFFICER, VADAKKENCHERY-1 VILLAGE
Exhibit P8 A TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 29/11/2023 IN RESPECT OF 2ND
PETITIONER'S LAND ISSUED BY THE VILLAGE
OFFICER, VADAKKENCHERY-1VILLAGE
Exhibit P9 A TRUE COPY OF THE FORM 5 APPLICATION
DATED 20/12/2023 OF THE 1ST PETITIONER
SUBMITTED BEFORE THE REVENUE DIVISIONAL
OFFICER, PALAKKAD
Exhibit P10 A TRUE COPY OF THE FORM 5 APPLICATION
DATED 20/12/2023 OF THE 2ND PETITIONER
SUBMITTED BEFORE THE REVENUE DIVISIONAL
OFFICER, PALAKKAD
Exhibit P11 A TRUE COPY OF THE JUDGMENT DATED
23/01/2024 IN W P (C) NO 2728/2024
Exhibit P12 A TRUE COPY OF THE RELEVANT PAGES OF THE
DATA BANK NOTIFICATION DATED 12/03/2012
Exhibit P13 A TRUE COPY OF FAIR VALUE OF LAND
COMPRISED IN RESURVEY NO 510/8, BLOCK NO
45 OF VADAKKENCHERY 1 VILLAGE
Exhibit P14 A TRUE COPY OF THE ORDER DATED 11/04/2022
IN RDOPKD/175/2021-J2
Exhibit P15 A TRUE COPY OF THE ORDER DATED 20/07/2024
OF THE REVENUE DIVISIONAL OFFICER IN
RESPECT OF THE 1ST PETITIONER'S
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WP(C) NO. 43075 OF 2024
APPLICATION
Exhibit P16 A TRUE COPY OF THE ORDER DATED 20/07/2024
OF THE REVENUE DIVISIONAL OFFICER IN
RESPECT OF THE 2ND PETITIONER'S
APPLICATION
