Kerala High Court
Suresh vs The District Collector on 20 May, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) No.4188 of 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 20TH DAY OF MAY 2025 / 30TH VAISAKHA, 1947
WP(C) NO. 4188 OF 2025
PETITIONER:
SURESH,
AGED 51 YEARS
S/O VELAYUDHAN, PATTATH HOUSE, OORAKAM,
PATHIYARKULANGARA (P.0), THRISSUR DISTRICT- 680552
BY ADV ANUROOPA JAYADEVAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, AYYANTHOLE, THRISSUR,
DISTRICT,, PIN - 680003
2 THE REVENUE DIVISIONAL OFFICER,
1ST FLOOR, CIVIL STATION, REVENUE DIVISIONAL OFFICE,
AYYANTHOLE, THRISSUR DISTRICT,, PIN - 680003
3 THE TAHSILDAR,
THALUK OFFICE, CHAVAKKADU TALUK CHAVAKKADU P.O,
THRISSUR DISTRICT,, PIN - 680506
4 THE VILLAGE OFFICER,
MULLASSERRY ANNAKARA VILLAGE, MULLASSERRY (P.0),
THRISSUR DISTRICT,, PIN - 680509
5 THE AGRICULTURE OFFICER
MULLASSERRY KRISHIBHAVAN, PERAVALLOR. P.O, THRISSUR
DISTRICT,, PIN - 680508
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SR PP SMT K K PREETHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 20th day of May, 2025
The writ petition is filed to quash Ext.P8 order
and allow Ext.P4 application (Form 5) submitted under
Rule 4(d) of the Kerala Conservation of Paddy Land and
Wetland Rules, 2008 ('Rules' in short).
2. The petitioner is the owner in possession of 1
Are and 21 Sq.Metres of land comprised in Re.Sy.
No.276/4 in Annakara Village of Chavakkadu Taluk in
Thrissur District, covered by Ext.P1 sale deed and Ext.P2
land tax receipt. The petitioner's property is dry land
and is not suitable for paddy cultivation. However, the
respondents have erroneously classified the petitioner's
property as 'Nilam' in the data bank prepared under the
Kerala Conservation of Paddy Land and Wetland Act,
2008 and the Rules framed thereunder. In the said
background, the petitioner has submitted Ext.P4
application before the 2nd respondent to remove his
property from the data bank. The 2 nd respondent had
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called for a report from the 5 respondent, and solely on
th
the basis of the said report erroneously rejected Ext.P4
application by Ext.P8 order. Ext.P8 is illegal and
arbitrary. Hence, the writ petition.
3. The 2nd respondent has filed a statement, inter
alia, stating that as per the report of the 5 th respondent,
there is no material to prove that the petitioner's
property was converted prior to 2008. There is no error
in the impugned order. Hence, the writ petition may be
dismissed.
4. Heard; the learned counsel for the petitioner
and the learned Government Pleader.
5. The specific case of the petitioner is that, his
property is dry land and is not suitable for paddy
cultivation. The respondents have erroneously classified
the petitioner's property as 'Nilam' in the data bank.
6. It is trite law that, it is nature, lie, character
and fitness of the land, as available on 12.08.2008 i.e.,
the date of coming into force of the Act, that is to be
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ascertained by the Revenue before taking a decision to
exclude a property from the data bank (read the
decisions of this Court in 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. A reading of Ext.P8 order would substantiate
that the 2nd respondent has rejected Ext.P4 application
without any independent finding regarding the nature,
lie, or character 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 paddy cultivation. It is solely on the
basis of the report of the 5th respondent and without
calling for a report from the Kerala State Remote
Sensing and Environment Centre (KSREC), that the 2 nd
respondent has arrived at the findings in Ext.P8 order,
which is a non-speaking and cryptic order. The decision
making process is vitiated and erroneous. Hence, I am
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satisfied that Ext.P8 order is liable to be quashed and the
authorised officer be directed to reconsider the matter
afresh and in accordance with law, after adverting to all
the materials on record.
In the result, the writ petition is allowed in the
following manner:
(i). Ext.P8 order is quashed.
(ii). The petitioner would be at liberty to file
an application before the 5th respondent/competent
authority, with a copy of this judgment, after
depositing the requisite fee, to call for a report from
the KSREC, to ascertain the nature, lie and
character of the property;
(iii). The 5th respondent shall immediately on
receipt of the application, call for a report from the
KSREC, and on receipt of the report, within four
weeks forward the same with his report to the 2 nd
respondent.
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(iv). The 2 nd
respondent/authorised officer
shall reconsider Ext.P4 application, in accordance
with law and as expeditiously as possible, at any
rate, within three months from the date of receipt
of a report from the 5th respondent.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
AJ
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APPENDIX OF WP(C) 4188/2025
PETITIONER EXHIBITS
Exhibit-P1 THE TRUE COPY OF SALE DEE NO. 209/1/2011
DATED 29/1/2011 OF SRO MULLASSERRY.
Exhibit-P2 A TRUE COPY OF THE TAX RECEIPT OF THE
PROPERTY IN RE-SY. SY.NO.276/4-16 DATED
25.06.2024 ISSUED BY THE 4TH RESPONDENT.
Exhibit-P3 A TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE
OF THE PROPERTY IN RE-SY.NOS 276/4-16 DATED
02.03.2024 ISSUED BY THE DEPARTMENT OF
REGISTRATION.
Exhibit-P4 A TRUE COPY OF FORM-5 APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED 15.01.2024.
Exhibit-P5 TRUE COPY OF RECEIPT NO.
KL08041400097/2024DATED 15/1/24.
Exhibit-P6 TRUE COPY OF LETTER DATED 15.3.2024 ISSUED BY
MEMBER MULLASSERY GRAMAPANCHAYAT.
Exhibit-P7 THE TRUE COPY OF THE REQUEST OF THE PRINCIPAL
OF JOHN'S HIGHER SECONDARY SCHOOL, PARAPPUR
TO THE 2ND RESPONDENT DATED 12.03.2024.
Exhibit-P8 TRUE COPY OF ORDER DATED 24.7.2024 ISSUED BY
THE 1ST RESPONDENT.
