Kerala High Court
Darsana Vinu vs State Of Kerala on 22 May, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:35539
WP(C) NO. 14698 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 22ND DAY OF MAY 2025 / 1ST JYAISHTA, 1947
WP(C) NO. 14698 OF 2025
PETITIONER:
DARSANA VINU,
AGED 44 YEARS
W/O. VINU JOSE,NEDIYUZHATHIL HOUSE,KALOOR P.O.,
KALOOR KADAVANTHARA ROAD, ERNAKULAM, PIN - 682017
BY ADVS.
TERRY V.JAMES
IRIS S.R.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY,DEPARTMENT OF AGRICULTURE
DEVELOPMENT & FARMER'S WELFARE,
SECRETARIAT,THIRUVANANATHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR,
ERNAKULAM,CIVIL STATION ERNAKULAM, KAKKANAD, PIN -
682030
3 THE REVENUE DIVISIONAL OFFICER FORT KOCHI,
THE REVENUE DIVISIONAL OFFICE, FORT KOCHI,1ST
FLOOR, K.B. JACOB ROAD, FORT KOCHI, PIN - 682001
4 THE TAHSILDAR,
KANAYANNUR TALUK, PARK AVENUE, MARINE DRIVE,
ERNAKULAM, PIN - 682011
5 TALUK SURVEYOR,
TALUK OFFICE, KANAYANNUR TALUK, PARK AVENUE, MARINE
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WP(C) NO. 14698 OF 2025
2
DRIVE, ERNAKULAM, PIN - 682011
6 THE VILLAGE OFFICER,
MANAKUNNAM VILLAGE OFFICE, SH 15, UDAYAMPEROOR,
THRIPPUNITHURA, ERNAKULAM, PIN - 682307
7 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR THE AGRICULTURAL
OFFICER, KRISHI BHAVAN,
UDAYAMPEROOR,THRIPPUNITHURA, ERNAKULAM, PIN -
682307
8 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, UDAYAMPEROOR, THRIPPUNITHURA,
ERNAKULAM, PIN - 682307
GP SMT DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 14698 OF 2025
3
C.S.DIAS, J
--------------------------------------------
W.P.(C).No. 14698 of 2025
---------------------------------------------
Dated this the 22nd day of May, 2025
JUDGMENT
The writ petition is filed to quash Ext.P4 order and
direct the 3rd respondent to re-consider Ext.P3 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 20.25
Ares of land in Re-survey No.67/4 and 4.75 Ares of land in
Re-survey No.67/4-2 of the Manakkunnam Village,
Ernakulam District, covered by Deed No.43/2006 of the
Thripunithura Sub Registry Office. The petitioner's
property is a converted land. However, the respondents
have erroneously classified the land as paddy land and
included it in the data bank. In the said background, the
petitioner submitted Ext.P3 application to remove her
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WP(C) NO. 14698 OF 2025
property from the data bank. Despite, Ext.P5 report of the
Agricultural Officer and Ext.P6 report of the Kerala State
Remote Sensing and Environment Centre (KSREC),
certifying that the petitioner's property is unsuitable for
paddy cultivation and was converted prior to 2008, the 3 rd
respondent has perfunctorily rejected the application by
the impugned Ext.P4 order, without assigning any
independent reason or finding. Ext.P4 order is illegal and
arbitrary. Hence, the writ petition.
3. Heard; the learned counsel for the petitioner and
the learned Government Pleader.
4. The petitioner's specific case is that, her property
is a converted land, long prior to the coming into force of
the Act. The petitioner's land is not suitable for any sort of
paddy cultivation. Yet, the respondents have erroneously
classified the petitioner's property as paddy land in the
data bank. In fact, the Agricultural Officer had
recommended, based on the observations of the Local
Level Monitoring Committee (LLMC), to remove the
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WP(C) NO. 14698 OF 2025
petitioner's property from the data bank. Notwithstanding
the said recommendations, the 3rd respondent has
rejected the petitioner's Form 5 application.
5. In a host of judicial pronouncements, this Court
has held that, it is nature, lie, character and fitness of the
land, 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
Muraaleedharan Nair R. vs. 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. The materials on record reveals that, in Ext.P5
report the Agricultural Officer has clearly found that the
petitioner's property has been converted long prior to
2008. In fact, the LLMC had observed to remove the
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petitioner's property from the data bank. Similarly, the
observations and conclusions in Ext.P6 KSREC report
establishes that the petitioner's property is scattered
with vegetation/plantation in 2008 and the said character
has continued in 2011, 2017 and 2022.
7. Notwithstanding, the specific observations in
Exts.P5 and P6, the 3rd respondent has taken a contrary
view in Ext.P4 order and stated that the Village Officer
has recommended not to remove the property from the
data bank.
8. I find that the said finding to be against the
observations in Exts. P5 and P6, and the 3 rd respondent
has failed to give any independent reasoning to not accept
the above reports and has not mentioned anything
regarding the nature, lie and character of the petitioner's
property. The entire decision making process leading to
Ext.P4 order is erroneous and vitiated. Hence, I am
satisfied that Ext.P4 order is liable to be set aside and the
3rd respondent/Authorised Officer be directed to
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reconsider the matter afresh, in accordance with law, the
principles referred in the aforecited decisions, and the
materials available on record.
In the result, the writ petition is allowed in the
following manner:
(i). Ext.P4 order is quashed.
(ii). The 3rd respondent/authorised officer is
directed to reconsider Ext.P3 application, in
accordance with law and as expeditiously as
possible, at any rate, within three months from the
date of production of a copy of the judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS,
JUDGE
SCB.22.05.2025.
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WP(C) NO. 14698 OF 2025
APPENDIX OF WP(C) 14698/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT NO.
KL07020912533/2024 DATED 03.10.2024 ISSUED
BY THE VILLAGE OFFICER, MANAKKUNNAM
Exhibit P2 TRUE COPY OF THE RELEVANT DATA BANK ENTRY
WITH RESPECT TO THE PETITIOENRS PROPERTY IN
RE-SY. NO. 67/4 AND RE-SY. NO. 67/4-2 IN
MANAKKUNNAM VILLAGE, ERNAKULAM,
Exhibit P3 TRUE COPY OF THE APPLICATION DATED 12.5.2022
Exhibit P4 TRUE COPY OF ORDER NO. 569/2025 DATED
07.03.2025 OF THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF REPORT DATED 26.02.2024 OF THE
AGRICULTURAL OFFICER
Exhibit P6 TRUE COPY OF REPORT DATED 6.5.2023 OF THE
KERALA STATE REMOTE SENSING & ENVIRONMENT
CENTRE
