Kerala High Court
Shiby Paul vs The Revenue Divisional Officer, ... on 27 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:46707
WP(C) NO. 30288 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 27TH DAY OF JUNE 2025 / 6TH ASHADHA, 1947
WP(C) NO. 30288 OF 2024
PETITIONER:
SHIBY PAUL,
AGED 46 YEARS
W/O. MARTIN K.V, KARUNGADAN HOUSE,
AMBALAPPARAMBU, KODUNTHIRAPULLY P.O, PALAKKAD
DISTRICT, PIN - 678004.
BY ADVS.
SHRI.JACOB SEBASTIAN
SHRI.WINSTON K.V
SMT.ANU JACOB
SHRI.BHARATH KRISHNAN G.
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, PALAKKAD,
REVENUE DIVISIONAL OFFICE, CIVIL STATION,
PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT,
PIN - 678001.
2 THE AGRICULTURAL OFFICER FOR THE PIRAYIRI GRAMA
PANCHAYAT, AGRICULTURE OFFICE, PIRAYIRI P.O,
PALAKKAD DISTRICT, PIN - 678004.
3 THE VILLAGE OFFICER,
PIRAYIRI VILLAGE OFFICE, PIRAYIRI P.O, PALAKKAD
DISTRICT, PIN - 678004.
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WP(C) NO. 30288 OF 2024
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4* KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, FIRST FLOOR, VIKAS BHAVAN, UNIVERSITY OF
KERALA SENATE CAMPUS, PMG, THIRUVANANTHAPURAM,
PIN-695 033, REPRESENTED BY ITS DIRECTOR
*ADDL.R4 IS IMPLEADED AS PER ORDER DATED
19.12.2024 IN IA NO.1/2024 IN WP(C)
NO.30288/2024.
SMT.DEEPA V., GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 30288 OF 2024
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C.S.DIAS, J.
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WP(C) No. 30288 OF 2024
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Dated this the 27th day of June, 2025
JUDGMENT
The writ petition is filed to quash Ext.P3 order
and direct the 1st respondent to re-consider Form-5
application submitted by the petitioner 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
0.890 hectares of land comprised in Re-Survey
Nos.275/20 and 275/21-1 in Block No.19 of Pirayiri
Village, Palakkad Taluk, covered by Ext.P1 possession
certificate. The petitioner's property is a converted
land. It is surrounded by houses and roads, and also
trees aged above 20 years. However, the respondents
have erroneously classified the same as 'paddy land'
and included it in the data bank. In order to exclude the
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WP(C) NO. 30288 OF 2024
property from the data bank, the petitioner had
submitted a Form-5 application before the 1st
respondent. But, by the impugned Ext.P3 order, the 1 st
respondent has perfunctorily rejected the application,
without any application of mind. Ext.P3 order is ex
facie illegal and arbitrary. Hence, the writ petition.
3. The 1st respondent has filed a statement,
asserting that the Agricultural Officer has reported that
the land is not converted before 2008 and is suitable
for paddy cultivation. Therefore, he has recommended
not to exclude the property from the data bank. In the
said background that Ext.P3 order was passed.
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. The petitioner's property
is surrounded by houses and roads. There are also
trees aged above 20 years. Even though she had
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WP(C) NO. 30288 OF 2024
submitted a Form-5 application before the 1st
respondent, the same has been rejected without
rendering any independent finding regarding the
nature and character of the petitioner's property or
whether it is suitable for paddy cultivation as on
12.8.2008.
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,
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WP(C) NO. 30288 OF 2024
Ernakulam and others (2021 (1) KLT 433)).
7. Ext.P3 order substantiates that the 1 st
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 finding regarding the
nature, character or lie of the petitioner's property as
on the crucial date, i.e., 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, if any. Therefore, I am convinced and satisfied
that Ext.P3 order has 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.
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WP(C) NO. 30288 OF 2024
In the result, the writ petition is allowed in the
following manner:
(i) Ext.P3 order is quashed.
(ii) The 1st respondent/authorised officer is directed
to reconsider Form-5 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 Form-5 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
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this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 30288 OF 2024
APPENDIX OF WP(C) 30288/2024
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 03.03.2022 OF THE LAND
ISSUED BY THE THIRD RESPONDENT.
EXHIBIT-P2 PHOTOGRAPHS OF THE PETITIONER'S PLOT.
EXHIBIT-P3 A TRUE COPY OF THE ORDER NO. 4103/2024
DATED 01.08.2024 ISSUED BY THE FIRST
RESPONDENT.
