Kerala High Court
Janaki vs The Revenue Divisional Officer, ... on 26 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO.22068 OF 2024
2025:KER:46509
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
WP(C) NO. 22068 OF 2024
PETITIONER:
JANAKI ,
AGED 74 YEARS
W/O MANI, ATTINGAL HOUSE, 11/484, ATTINGAL, THIRUVALATHUR
POST, KODUMBU, PALAKKAD, PIN - 678551
BY ADVS.
SHRI.RAJESH SIVARAMANKUTTY
SMT.VIJINA K.
SRI.ARUL MURALIDHARAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, PALAKKAD
OFFICE OF THE REVENUE DIVISIONAL OFFICER, PALAKKAD
(DISTRICT LEVEL AUTHORIZED COMMITTEE UNDER THE KERALA
CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008)., PIN -
678001
2 THE AGRICULTURAL OFFICER,
KODUMBU OFFICE OF THE AGRICULTURAL OFFICER, KODUMBU
PALAKKAD DISTRICT, ( LOCAL LEVEL MONITORING COMMITTEE
UNDER THE KERALA CONSERVATION OF PADDY LAND AND WETLAND
ACT, 2008), PIN - 678551
GP- DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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2
C.S.DIAS, J.
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WP(C) No.22068 of 2024
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Dated this the 26th day of June, 2025
JUDGMENT
The writ petition is filed to quash Ext.P7 order and
direct the 1st respondent to re-consider Ext.P6 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
20.65 Ares of land comprised in Survey No.26B/8 (Re-
survey No.158/2-2) in Re-survey Block No.46 of Kodumbu
Village, Palakkad Taluk, covered by Ext.P2 land tax
receipt. The petitioner's property is a 'converted land'. It is
surrounded by buildings and roads, and it is landlocked. 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. To exclude the
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property from the data bank, the petitioner had submitted
Ext.P6 application before the 1 st respondent. But, by the
impugned Ext.P7 order, the 1st respondent has
perfunctorily rejected Ext.P6 application, by solely relying
on the report of the 2nd respondent. Ext. P7 is illegal and
arbitrary. Hence, the writ petition.
3. The 1st respondent has filed a statement, asserting
that the Agricultural Officer has reported that the applied
property is a fallow land and is not a converted land. It is
suitable for paddy cultivation. Therefore, there is no error
in Ext.P7 order.
4. Heard; the learned counsel for the petitioner and
the learned Government Pleader.
5. The petitioner's specific case is that, her property
is a converted land. It is not suitable for paddy cultivation.
Even though the petitioner had submitted Ext.P6
application before the 1st respondent, the same has been
rejected by the 1st respondent without directly inspecting
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the property or calling for the satellite images as envisaged
under Rule 4(4f) of the Rules.
6. 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
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)).
7 Ext.P7 order substantiates that the 1st respondent
has not directly inspected the property or called for the
satellite images as envisaged under Rule 4(4f) of the Rules.
The 1st respondent has also not rendered any independent
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finding regarding the nature, character or lie 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.
Therefore, I am convinced and satisfied that Ext.P7 order
has been passed without any application of mind, and the
same is liable to be quashed and the 1 st
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.P7 order is quashed.
(ii). The 1st respondent/authorised officer is
directed to reconsider Ext.P6 application, in
accordance with law. It would be up to the authorised
officer to either directly inspect the property or call
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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.P6 application, 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 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.26.06.25.
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APPENDIX OF WP(C) 22068/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 5826/1987
OF SRO, PALAKKAD DATED 14-12-1987 EXECUTED
IN FAVOUR OF PETITIONER
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
12-4-2023 ISSUED FROM THE KODUMBU VILLAGE
OFFICE TO PETITIONER
Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 12-4-2023 ISSUED TO PETITIONER FROM
KODUMBU VILLAGE OFFICE
Exhibit P4 TRUE COPY OF THE LOCATION SKETCH/MAP DATED
12-4-2023 ISSUED BY THE VILLAGE OFFICER,
KODUMBU TO PETITIONER
Exhibit P5 TRUE COPY OF THE PHOTOGRAPHS OF THE
PROPERTY INCLUDING ITS NEIGHBORHOOD
Exhibit P6 TRUE COPY OF THE FORM 5 APPLICATION DATED
20-4-2023 SUBMITTED BEFORE THE 1ST
RESPONDENT BY PETITIONER
Exhibit P7 TRUE COPY OF THE ORDER DATED 27-1-2024 IN
FILE NO. 32/2024 PASSED BY THE 1ST
RESPONDENT
