Kerala High Court
Johny Kuryan vs The Revenue Divisional Officer, ... on 27 May, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:36555
W.P.(C)No.7734 of 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947
WP(C) NO. 7734 OF 2025
PETITIONER:
JOHNY KURYAN,
AGED 51 YEARS
S/O. V.D. KURYAN, VELANKUNNEL HOUSE, VANDAZHY,
MUDAPPALLUR P.O, PALAKKAD DISTRICT, PIN - 678705
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
BHARATH KRISHNAN G.
ANJANA A.S.
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, PALAKKAD,
REVENUE DIVISIONAL OFFICE, VIDYUT NAGAR,
PARAKKUNNAM P.O, PALAKKAD DISTRICT, PIN - 678001
2 THE AGRICULTURAL OFFICER FOR THE VADAKKANCHERY
GRAMA PANCHAYAT,
KRISHI BHAVAN, VADAKKANCHERY P.O, PALAKKAD
DISTRICT, PIN - 678683
3 THE VILLAGE OFFICER,
VADAKKANCHERY-II VILLAGE OFFICE, VADAKKANCHERY
P.O, PALAKKAD DISTRICT, PIN - 678683
4 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE,
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W.P.(C)No.7734 of 2025 2
FIRST FLOOR, VIKAS BHAVAN, UNIVERSITY OF KERALA
SENATE CAMPUS, PMG, THIRUVANANTHAPURAM,
REPRESENTED BY ITS DIRECTOR, PIN - 695033
GP SMT DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C)No.7734 of 2025 3
C.S. DIAS, J
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W.P.(C).No. 7734 of 2025
---------------------------------------------
Dated this the 27th day of May, 2025
JUDGMENT
The writ petition is filed to quash Ext.P2 order
and direct the 1st respondent to re-consider Ext.P1
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 0.0506 hectares of land comprised in Block No.45
and Re-survey No.311/45 of Vadakkanchery-II
Village, Alathur Taluk, Palakkad District. The
petitioner's property is a pucca garden land.
However, the same has been erroneously classified
as paddy land and included in the data bank. In the
said circumstances, the petitioner had submitted
Ext. P1 application to remove the property from the
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data bank. But, the 1st respondent, by solely relying
on the report of the Agricultural Officer and without
directly inspecting the property or calling for
satellite images as per the procedure envisaged
under Rule 4(4f) of the Rules, has perfunctorily
rejected Ext.P1 application without any application
of mind. Ext.P2 is erroneous and illegal. 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, his
property is a pucca garden land and is not suitable for
any paddy cultivation. Even going by the report of the
2nd respondent/Agricultural Officer, it is evident that
the property is fallow land and there are trees. It is
reported that the land is converted. Yet the 2 nd
respondent has reported that there is no material to
prove that the same was converted prior to 2008.
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Relying on the above observations, the 1 st respondent
has passed Ext.P2 order.
5. In a plethora of judicial precedents, this
Court has held that, it is 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)).
6. In Aparna Sasi Menon v. Revenue
Divisional Officer, Irinjalakuda, (2023 (6) KHC 83),
it is held that the prime consideration to retain a
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property in data bank is to ascertain whether paddy
cultivation is possible in the land.
7. A reading of Ext.P2 order would substantiate
that the 1st respondent has 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, the date of coming into force of the
Act, or whether the removal of the petitioner's
property from the data bank would adversely affect the
paddy cultivation. Indisputably, he has also not
directly inspected the property or called for satellite
images from the 4th respondent as envisaged under
Rule 4(4f) of the Rules. Therefore, I am of the definite
view that there has been total non-application of the
mind in passing Ext.P2 order. Hence, I am satisfied
that Ext.P2 order is liable to be quashed and the 1 st
respondent/authorised officer be directed to
reconsider the matter afresh, in accordance with law,
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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.P2 order is quashed.
(ii). The 1st respondent/authorised officer is
directed to reconsider Ext. P1 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 Ext. P1
application, in accordance with law and as
expeditiously as possible, at any rate, within
three months from the date of the receipt of the
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satellite images. In case, the authorised officer
directly inspects the property, he shall consider
and dispose of Ext.P1, in accordance with law,
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.27.05.25.
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APPENDIX OF WP(C) 7734/2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE APPLICATION DATED
23.06.2023 SUBMITTED BY THE PETITIONER
TO DELETE THE ENTRY CONCERNING HIS PLOT
FROM THE DATA BANK.
Exhibit-P2 A TRUE COPY OF THE ORDER DATED
12.11.2024 ISSUED BY THE FIRST
RESPONDENT.
Exhibit-P3 THE PHOTOGRAPHS OF THE PLOT ALONG WITH
THE BUILDINGS AND ROAD AROUND.
