Kerala High Court
Treasan P S vs Revenue Divisional Officer on 27 May, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 14601 OF 2024
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2025:KER:36472
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. 14601 OF 2024
PETITIONER/S:
TREASAN P S ,
AGED 52 YEARS
S/O SREEDHARAN, POOKKODAN HOUSE, CHENGALOOR P O,
CHENGALOOR VILLAGE, DESOM, THRISSUR DISTRICT, PIN -
680312
BY ADVS.
SHOBY K.FRANCIS
AGI SHOBY
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO,
COLLECTORATE, AYYANTHOLE PO, THRISSUR, PIN - 680003
2 TAHSILDAR/ADDL.TAHSILDAR [LAND RECORDS],
TAHSILDAR/ADDL.TAHSILDAR [LAND RECORDS], THRISSUR
TALUK, TALUK OFFICE, CHEMBUKKAVU PO, THRISSUR, PIN -
680020
3 VILLAGE OFFICER,
VILLAGE OFFICER, AYYANTHOLE VILLAGE, AYYANTHOLE PO,
THRISSUR-, PIN - 680003
4 LOCAL LEVEL MONITORING COMMITTEE [LLMC]-(WITHIN THE
LOCAL LIMITS OF THRISSUR CORPORATION),
REPRESENTED BY ITS CONVENER, AGRICULTURAL FIELD
OFFICER, CHEMBUKKAVU, THRISSUR ., PIN - 680020
5 AGRICULTURAL OFFICER,
AGRICULTURAL OFFICER, KRISHI BHAVAN , AYYANTHOLE PO,
THRISSUR., PIN - 680003
WP(C) NO. 14601 OF 2024
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6 STATE OF KERALA,
STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL
SECRETARY TO THE GOVT. REVENUE DEPARTMENT, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
SR.GP SMT.VIDYA KURIAKOSE
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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C.S.DIAS, J.
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WP(C) No. 14601 of 2024
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Dated this the 27th day of May, 2025
JUDGMENT
The writ petition is filed to quash Ext.P5 order and
to direct the 1st respondent to reconsider 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
14.48 Ares of land comprised in Survey No.707/1 of
Ayyanthole Village, Thrissur Taluk, Thrissur District
covered by Ext.P1 basic tax receipt. The petitioner's
property is a converted land. However, the respondents
have erroneously classified the property as 'nilam' and
included it in the data bank. In the said background, the
petitioner had submitted Ext.P3 application before the 1 st
respondent to remove the property from the data bank.
The 1st respondent, by solely relying on the report of the
Local Level Monitoring Committee (in short, 'LLMC'), has
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erroneously rejected Ext.P3 application. A reading of
Ext.P5 order would substantiate that the 1 st respondent
has not rendered any independent finding regarding the
nature and classification of the land. The entire procedure
adopted by the 1st respondent is illegal and arbitrary.
Hence, the writ petition.
3. Heard; the learned counsel for the petitioner and
the learned Government Pleader.
4. It is the petitioner's specific case that, his
property was converted long prior to 2008, i.e., the date of
coming into force of the Act. The said property is not
suitable for paddy cultivation. Even as per Ext.P6 report of
the Kerala State Remote Sensing & Environment Centre
(in short, 'KSREC'), it is evident that the petitioner's
property is bordered by road and building on the western
side in 2008 and the said pattern has continued till 2017.
Even in 2022, it is observed that there are mixed
vegetations with building structures. These aspects have
not been considered by the 1st respondent.
5. In a plethora of judicial pronouncements, this
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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 Rasheed C v. Revenue Divisional Officer/Sub
Collector (2025 KHC 1666), this Court has succinctly held
that, a Form 5 application cannot be considered on the
basis of the observations of the LLMC, since the said
procedure is not contemplated under the Rules. The Rules
only provide to call for a report from the Agricultural
Officer or getting a scientific report from the Kerala State
Remote Sensing and Environment Centre (KSREC).
7. A reading of Ext.P5 order substantiates that the
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1 st
respondent has not independently evaluated or
inspected the property directly. It is solely based on the
report of the Agricultural Officer, that the 1st respondent
has passed the impugned order. It was obligatory on the
part of the 1st respondent to have rendered a finding
regarding the nature and character of the petitioner's
property and also state the reason why the observations in
Ext.P6 report should not have been accepted. Under rule
4(4f) of the Rules, the 1st respondent is either directed to
conduct inspection of the petitioner's property or have
adverted to Ext.P6 report. Since there is no specific finding
in the impugned order, to discard Ext.P6 report, I am of
the view that the 1st respondent is to be directed to
reconsider the matter afresh, in accordance with law, after
adverting to the principles laid down in the aforecited
decisions and the materials available on record.
In the result, the writ petition is allowed in the
following manner:
(i). Ext.P5 order is quashed.
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(ii). The 1 st
respondent/authorised officer is directed
to reconsider Ext.P3 application in accordance
with law, and as expeditiously as possible, at any
rate, within a period of two months from the date
of production of a copy of this judgment.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE
rkc/27.05.25
WP(C) NO. 14601 OF 2024
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APPENDIX OF WP(C) 14601/2024
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED
4-7-2022 ISSUED BY THE 3RD RESPONDENT TO
THE PETITIONER
Exhibit P-2 A TRUE COPY OF THE RELEVANT PORTION OF THE
DRAFT DATA BANK DATED NIL RECEIVED FROM
THE OFFICE OF THE 5TH RESPONDENT
Exhibit P-3 A TRUE COPY OF THE FORM NO. 5 APPLICATION
TO EXCLUDE AN EXTENT OF 14.48 ARS [ 35.76
CENTS] OF LAND COMPRISED IN SURVEY NO.
707/1 OF AYYANTHOLE VILLAGE IN THRISSUR
TALUK FROM THE DATA BANK DATED 24-5-2022
Exhibit P-4 A TRUE COPY OF THE JUDGMENT IN WPC NO.
2872/2023 DATE 30-1-2023
Exhibit P-5 A TRUE COPY OF THE ORDER PASSED BY THE 1ST
RESPONDENT REJECTING THE FORM 5
APPLICATION AS PER ORDER NO. 6525/2023
DATED 22-1-2024
Exhibit P-6 A TRUE COPY OF THE KSRSEC REPORT DATED 17-
10-2023 ISSUED BY THE DIRECTOR TO THE 5TH
RESPONDENT
