Kerala High Court
Thomaskutty A J vs State Of Kerala on 25 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 31271 OF 2024 1
2025:KER:45748
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 25TH DAY OF JUNE 2025 / 4TH ASHADHA, 1947
WP(C) NO. 31271 OF 2024
PETITIONER:
THOMASKUTTY A J.,
AGED 47 YEARS
CHARUVIL PUTHENVEEDU, KOODAL P.O., PATHANAMTHITTA
DISTRICT, PIN - 689693
BY ADV SRI.UNNI. K.K. (EZHUMATTOOR)
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT , GOVT. SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR,
CIVIL STATION, PATHANAMTHITTA, PIN - 689545
3 DEPUTY COLLECTOR(DISASTER MANAGEMENT),
CIVIL STATION, PATHANAMTHITTA, PIN - 68954
4 AGRICULTURAL OFFICER,
KRISHI BHAVAN, KALANJOOR, PIN - 68969
5 VILLAGE OFFICER,
VILLAGE OFFICE, KOODAL P.O., KONNI TALUK,
PIN - 689693
BY SMT VIDYA KURIAKOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 31271 OF 2024 2
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JUDGMENT
Dated this the 25th day of June, 2025
The writ petition is filed to quash Ext.P6 order and
direct the 3rd respondent to re-consider Ext.P3 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 the owner in possession of
15.60 Ares of land comprised in Re-Survey Nos. 231/1 and
231/2 in Koodal Village, Konni Taluk, covered under Ext.P1
land tax receipt. The petitioner's property is a garden land
even before 1980. There is a residential building
constructed in the property. However, the respondents
have classified the land as 'paddy land' and erroneously
entered it in Ext.P2 data bank showing in the remarks
column that the property is with rubber. To exclude the
property from the data bank, the petitioner had submitted
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Ext.P3 application before the 3rd respondent. However, by
the impugned Ext.P6 order, the 3rd respondent has partly
allowed Ext.P3 application, by only excluding 3.61 Ares
from the data bank. The 3rd respondent has not directly
inspected the property or called for the satellite images as
envisaged under Rule 4(4f) of the Rules. Ext. P6 order is
illegal and arbitrary.
3. Heard; the learned counsel for the petitioner and
the learned Senior Government Pleader.
4. The petitioner's specific case is that, his property
is a garden land even prior to 1980. It is not suitable for
paddy cultivation. He has already constructed buildings in
the said property. Even in Ext.P2 data bank, the
petitioner's property has been shown to be planted with
rubber in the remarks column. Notwithstanding all the
above materials, the 3rd respondent has partly rejected
Ext.P3 application 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
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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. Ext.P6 order substantiates that the 3 rd 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 and character of the petitioner's
property as on 12.08.2008, or whether the exclusion of the
petitioner's property from the data bank would adversely
affect the paddy cultivation in the locality. Instead, by
solely relying on the report of the Agricultural Officer, the
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3rd respondent has passed the impugned order. Thus, I am
satisfied that Ext.P6 order has been passed without any
application of mind, and the same is liable to be quashed
and the 3rd 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.P6 order is quashed.
(ii). The 3rd respondent/authorised officer is
directed to reconsider Ext.P3 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.P3 application, in
accordance with law and as expeditiously as possible,
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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
NAB
2025:KER:45748
APPENDIX OF WP(C) 31271/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
11.04.2024 ISSUED BY THE VILLAGE OFFICER,
KOODAL
Exhibit P2 TRUE COPY OF THE DATA BANK
Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 5
DATED 13.11.2023
Exhibit P4 TRUE COPY OF THE REPORT SUBMITTED BY THE
4TH RESPONDENT, WHICH WAS OBTAINED UNDER
RIGHT TO INFORMATION ACT
Exhibit P5 TRUE COPY OF THE JUDGEMENT DATED 25.6.2024
Exhibit P6 TRUE COPY OF THE ORDER DATED 24.8.2024 OF
THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
NATURE OF PROPERTY
Exhibit P8 TRUE COPY OF THE KSRSEC REPORT DATED
30.9.2024
Exhibit P9 TRUE COPY OF THE PROFORMA REPORT SUBMITTED
BY THE 4TH RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R2(a) TRUE COPY OF THE REPORT OF THE
AGRICULTURAL OFFICER DATED NIL
EXHIBIT R2(b) TRUE COPY OF THE LOCATION CERTIFICATE
DATED 12.06.2024
EXHIBIT R2(c) TRUE COPY OF THE BUILDING AGE CERTIFICATE
DATED 03.01.2024
EXHIBIT R2(d) TRUE COPY OF THE PHOTOGRAPHS
