Abraham C Mathew @ Mathai Abraham vs State Of Kerala
2025 Latest Caselaw 9473 Ker

Kerala High Court

Abraham C Mathew @ Mathai Abraham vs State Of Kerala on 8 October, 2025

Author: C.S.Dias

Bench: C.S.Dias

                                                2025:KER:74490

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

               THE HONOURABLE MR.JUSTICE C.S.DIAS

 WEDNESDAY, THE 8TH DAY OF OCTOBER 2025 / 16TH ASWINA, 1947

                    WP(C) NO. 18432 OF 2024

PETITIONER:

         ABRAHAM C MATHEW @ MATHAI ABRAHAM,
         AGED 90 YEARS
         S/O.MATHAI, ILLICKALCHIRAYIL HOUSE,
         KILIROOR NORTH, KOTTAYAM VILLAGE,
         KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN - 686020

         BY ADVS.
         SHRI.N.RAJESH
         SHRI.GOPAKUMAR P.
         SMT.ANAINA VARGHESE


RESPONDENTS:

    1    STATE OF KERALA,
         REP. BY SECRETARY, DEPARTMENT OF REVENUE,
         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2    THE REVENUE DIVISIONAL OFFICER,
         THE REVENUE DIVISIONAL OFFICER,
         KOTTAYAM.P.O, KOTTAYAM, PIN - 686001

    3    LOCAL LEVEL MONITORING COMMITTEE,
         THIRUVARPPU GRAMA PANCHAYAT,
         REPRESENTED BY CONVENOR, AGRICULTURAL OFFICE,
         THIRUVARPPU, KOTTAYAM, PIN - 686020

    4    THE VILLAGE OFFICER,
         THIRUVARPU VILLAGE,
         KOTTAYAM DISTRICT, PIN - 686001

    5    KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE
 WP(C) NO.18432 OF 2024           2



                                                         2025:KER:74490

           (KSREC),
           'C' VLOCK, VIKAS BHAVAN,
           THIRUVANANTHAPURAM, REP. BY ITS DIRECTOR, PIN -
           695033



OTHER PRESENT:

             GOVERNMENT PLEADER- SMT.DEEPA V.,
             STANDING COUNSEL- SRI.VISHNU S. CHEMPAZHANTHIYIL


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.10.2025,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.18432 OF 2024      3



                                               2025:KER:74490

       Dated this the 8th day of October, 2025

                         JUDGMENT

The petitioner is the owner in possession of 52.83

Ares of land comprised in Re-Survey No. 445/17 in Block

No. 14 in Thiruvarpu Village, covered under Ext.P1

settlement deed dated 12.07.1957. The respondents had

erroneously classified the land as paddy land in the

revenue records. To change the nature of the property in

the revenue records, the petitioner submitted Ext. P5

application in Form 9 under Section 27A read with Rule

12(13) of the Kerala Conservation of Paddy Land and

Wetland Act and Rules, 2008 ('Act and Rules' in short).

Notwithstanding the fact that the petitioner produced

Ext. P1 settlement dated 12.07.1957, wherein the

recitals clearly reveal that the property is a naturally

filled up land, the authorised officer has rejected the said

application by the impugned Ext. P8 order. Ext. P8 order

is illegal and arbitrary. Hence, the writ petition.

2025:KER:74490

2. In the statement filed by the second respondent,

it is, inter alia, contended that the fourth respondent had

reported that the applied property is converted and low

lying. As per the report of the fourth respondent, the

conversion of 40 Ares of land is permissible. As per Rule

12(13) of the Rules, there should be material to

substantiate that the land was naturally filled up before

04.07.1967. In the case at hand, the petitioner has not

submitted any material to prove that the property was

not naturally filled up as on 04.07.1967. The office of the

second respondent had conducted an inspection and

found that the property was not fully converted. It is in

the said circumstances that Ext. P8 order was passed.

There is no illegality in Ext. P8 order.

3. Heard; the learned counsel for the petitioner and

the learned Government Pleader.

4. The crucial question is whether there is any

substantive material to prove that the petitioner's

2025:KER:74490

property was naturally filled up, as on the crucial date,

i.e., 04.07.1967.

5. To prove the above aspect, i.e., the petitioner's

property was naturally filled up as on 04.07.1967, he had

produced Ext. P1 settlement deed dated 12.07.1957,

wherein it is explicitly recited that a certain portion of

the property is paddy land and the remaining portion is a

converted land.

6. Under Rule 12(13) of the Rules, the applicant is

obliged to provide evidence to show that the land was

filled up naturally before 04.07.1967 by producing copies

of the title deeds, legally valid agreements, remittance of

building tax, licences or such other documents to prove

it, and also the statements of witnesses to prove that the

property was naturally filled as on 04.07.1967. On

production of the above said documents, the authorised

officer is obliged to call for the enquiry report from the

Village Officer and then take a decision in the matter by

2025:KER:74490

conducting a site inspection.

7. In the case at hand, the petitioner submitted Ext.

P5 application in Form 9 by attaching Ext. P1 settlement

deed dated 12.07.1957. Despite the production of the

said document and an inspection being conducted by the

office of the authorised officer, the authorised officer has

rejected the application on the ground that there is no

material to prove that the property was naturally filled

up. This finding is unsustainable in law, because Ext. P5

application shows that the petitioner has produced Ext.

P1 settlement deed. Moreover, the authorised officer had

also directed the office to conduct a local inspection of

the petitioner's property, which I assume, was ordered

after the authorised officer was satisfied that the

documents were sufficient to proceed with the Ext. P5

application. If not, he would have summarily rejected the

application on the ground that there is no material to

prove that the property was naturally filled up as on

2025:KER:74490

04.07.1967. Therefore, I am convinced and satisfied that

Ext. P8 order has been passed without any application of

mind and without adverting to the procedure

contemplated under Rule 12(13) of the Rules.

In the afore said circumstances, I allow the writ

petition by quashing Ext. P8 order and by directing the

authorised officer to reconsider Ext. P5 application

submitted by the petitioner , in accordance with law, as

expeditiously as possible, at any rate within 90 days

from the date of production of a copy of the judgment

after following the procedure envisaged under Rule

12(13) of the Rules.

The writ petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE mtk/08.10.25

2025:KER:74490

APPENDIX OF WP(C) 18432/2024

PETITIONER EXHIBITS

Exhibit P1 PETITIONER IS HEREBY PRODUCING TRUE COPY OF SETTLEMENT DEED NO.2047/1957 DATED 12.7.1957 OF KOTTAYAM SRO ALONG WITH A READABLE COPY OF THE RELEVANT PORTIONS OF THE DOCUMENT.

Exhibit P2            THE PETITIONER IS HEREBY PRODUCING TRUE
                      COPY      OF      LAND      TAX      RECEIPT
                      NO.KLO5032401520/2023      DATED    2.5.2023

ISSUED BY THE 4TH RESPONDENT IN RESPECT OF THE SUBJECT PROPERTY.

Exhibit P3            TRUE COPY OF SURVEY PLAN OF THE SUBJECT
                      PROPERTY    MEASURED    AND    PREPARED   BY
                      APPROVED SURVERYOR.
Exhibit P4            TRUE COPY OF RELEVANT PAGE OF DATA BANK
                      SHOWING SERIAL NOS.1140 TO 1161.
Exhibit P5            TRUE   COPY   OF   APPLICATION    FILED   BY

PETITIONER BEFORE 2ND RESPONDENT IN FORM NO.9 OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND RULES.

Exhibit P6 TRUE COPY OF PETITION FILED BY PETITIONER BEFORE HON'BLE REVENUE MINISTER OF STATE OF KERALA ON 13.12.2023.

Exhibit P7            TRUE COPY OF NOTICE ISSUED TO THE
                      PETITIONER     BY    2ND    RESPONDENT    ON

12.02.2024 BEARING NO.B1-400/2024. Exhibit P8 TRUE COPY OF ORDER OF 2ND RESPONDENT BEARING FILE NO.764/2023 DATED 30.12.2023 Exhibit P9 PETITIONER IS HEREBY PRODUCING TRUE COPY OF THE ABOVE APPLICATION DATED 26.03.2024 BEFORE THE CONVENOR OF LOCAL LEVEL MONITORING COMMITTEE/3RD RESPONDENT. Exhibit P10 PETITIONER IS HEREBY PRODUCING TRUE COPY OF THE E-CHALLAN OBTAINED ON 19.04.2024.