John Varghese vs State Of Kerala
2025 Latest Caselaw 6044 Ker

Citation : 2025 Latest Caselaw 6044 Ker
Judgement Date : 20 May, 2025

Kerala High Court

John Varghese vs State Of Kerala on 20 May, 2025

Author: C.S.Dias

Bench: C.S.Dias

WP(C) NO. 42141 OF 2024        1

                                                      2025:KER:34458

              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. 42141 OF 2024

PETITIONER:

          JOHN VARGHESE,
          AGED 63 YEARS
          S/O M D PAPACHAN, MANNANKARA LOVE LAND VILLA
          MAVELIKKARA ALAPPUZHA DISTRICT, PIN - 690101


          BY ADVS. SRI.K.MOHANAKANNAN
          SRI.ADARSH MOHAN K.




RESPONDENTS:

    1     STATE OF KERALA,
          REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR,
          BESIDE ZILLA PACHAYATH OFFICE, CIVIL STATION WARD,
          ALAPPUZHA, PIN - 688001

    3     REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, MAVELIKKARA, KOZHENCHERY
          ROAD, SH 10 CHENGANNUR, ALAPPUZHA, PIN - 689121

    4     TAHSILDAR (LR),
          MAVELIKKARA TALUK OFFICE,PRIVATE BUS WAITING SHED,
          OLD MAVELIKKARA, MAVELIKARA, ALAPPUZHA, PIN -
          690101

    5     THE LOCAL LEVEL MONITORING COMMITTE,
          REP.BY ITS CONVENOR, AGRICULTURAL OFFICER, KRISHI
          BHAVAN, MAVELIKKARA, ALAPPUZHA, PIN - 690101
 WP(C) NO. 42141 OF 2024      2

                                                2025:KER:34458

    6     THE AGRICULTURAL OFFICER,
          MAVELIKKARA, KRISHI BHAVAN, MAVELIKKARA, ALAPPUZHA,
          PIN - 690101

    7     VILLAGE OFFICER,
          OFFICE OF THE VILLAGE OFFICE, THEKKEKARA, NEAR
          MULLIKULANGARA DEVI TEMPLE, THEKKEKARA PO,
          ALAPPUZHA, PIN - 690107


          BY SMT K K PREETHA, SR.PP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
20.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42141 OF 2024         3

                                                     2025:KER:34458

                           JUDGMENT

Dated this the 20th day of May, 2025

The writ petition is filed to quash Ext.P6 order and

allow the Ext.P4 (Form 5) application submitted by the

petitioner 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 23.60

Ares of land comprised in Survey Nos.33/2 and 33/7 of the

Thekkekara Village, Mavelikkara Taluk, Alappuzha

District, covered by Ext.P1 title deeds and Ext.P2 basic

tax receipt. The petitioner's property is dry land.

However, the respondents have erroneously classified the

petitioner's property as paddy land. In the said

background, the petitioner had submitted Ext.P4

application to remove the property from the data bank.

However, the 3rd respondent has rejected the said

application by Ext.P6 order solely relying on the report of

the 6th respondent, who has reported that the petitioner's

property is fenced and there is a water canal near the

2025:KER:34458

property. The 3rd respondent has not arrived at any

independent finding or called for a report from the Kerala

State Remote Sensing and Environment Centre (KSREC)

as contemplated under Rule 4(4f) of the Rules. Ext.P6

order is illegal and arbitrary. Hence, the writ petition.

3. The 3rd respondent has filed a statement, inter

alia, stating that the Agricultural Officer has reported that

the petitioner has carried out unauthorized constructions

in his property by fencing the property with iron sheets

and there is a canal passing on the southern side of the

property. If the petitioner's property is removed from the

data bank, there is a likelihood of water-logging. The 3 rd

respondent has rightly rejected the petitioner's Form 5

application. 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. The respondents have erroneously

classified the property as paddy land in the data bank.

2025:KER:34458

Hence, the petitioner submitted Ext.P4 application to

remove his property from 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

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.P6 order would substantiate

that the 3rd respondent has rejected the petitioner's

application without any independent finding regarding the

nature, lie, or character of the 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 Agricultural Officer and without calling for a

2025:KER:34458

report from KSREC, that the 3rd respondent has arrived at

the impugned findings in Ext.P6 order, which is a non-

speaking and cryptic order. The decision making process

is vitiated and erroneous. Hence, I am satisfied that

Ext.P6 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.P6 order is quashed.

(ii). The petitioner would be at liberty to file an

application before the competent officer, 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;