Kerala High Court
Maideenkutty Naha vs The District Collector on 10 September, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:67233
W.A No.1813 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA,
1947
WA NO. 1813 OF 2025
AGAINST THE JUDGMENT DATED 08.07.2025 IN WP(C)
NO.27188 OF 2024 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
MAIDEENKUTTY NAHA, AGED 49 YEARS, S/O ALIYAR,
PUTHIKKAPARAMBIL HOUSE, KUTTILANJI, ERAMALLOOR P
O, KOTHAMANGALAM, ERNAKULAM, PIN - 686 666
BY ADV SRI.PEEYUS A.KOTTAM
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION,
KAKKANAD, ERNAKULAM, COCHIN, PIN - 682 030
2 THE REVENUE DIVISIONAL OFFICER (RDO),
REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA ERNAKULAM
DISTRICT, PIN - 686 673
3 THE VILLAGE OFFICER, KALLOORKKAD VILLAGE OFFICE,
KALLOORKKAD, MUVATTUPUZHA, ERNAKULAM, PIN - 686
668
4 AGRICULTURAL OFFICER, KALLOORKKAD KRISHI BHAVAN,
ERNAKULAM, PIN - 686 668
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W.A No.1813 of 2025
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5 THE LOCAL LEVEL MONITORING COMMITTEE, KALLOORKKAD
GRAMA PANCHAYAT, REP BY ITS CONVENER AGRICULTURAL
OFFICER, KALLOORKKAD KRISHI BHAVAN, ERNAKULAM,
PIN - 686 668
6 KALLOORKKAD GRAMA PANCHAYAT, KALLOORKKAD GRAMA
PANCHAYAT OFFICE, MUVATTUPUZHA, ERNAKULAM REP. BY
ITS SECRETARY, PIN -
7 ADDL.R7. JOSEPH JOHN
AGED 55 YEARS, S/O. JOHN, KAKKUZHIYIL HOUSE
THAZHUVAMKUNNU P .O., KALLOORKAD, MUVATTUPUZHA,
ERNAKULAM 686 668.
8 ADDL.R8. IYPPACHAN JOSEPH
AGED 64 YEARS, S/O. JOSEPH, KAPYARUMALAYIL HOUSE
THAZHUVAMKUNNU P .O., KALLOORKAD, MUVATTUPUZHA,
ERNAKULAM 686 668., PIN - 686669
9 ADDL.R9. GEORGE JOHN
AGED 63 YEARS, S/O. JOHN, KAKKUZHIYIL HOUSE
THAZHUVAMKUNNU P .O., KALLOORKAD, MUVATTUPUZHA,
ERNAKULAM 686 668.
ADDL.R7 TO R9 ARE IMPLEADED AS PER ORDER DATED
10.02.2025 IN I.A.1/2025 IN WP(C)27188/2024].
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.A No.1813 of 2025
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JUDGMENT
A. Muhamed Mustaque, J.
The short point in this case is as to the legality of the
inclusion of land in the data bank after the publication of the
data bank in the gazette. It appears that originally the land
was not included in the data bank, and the notification was
issued in the year 2012. Since it did not include the land
belonging to the appellant herein, he filed an application under
Section 27A of the Kerala Conservation of Paddy Land and
Wetland Act, 2008 (for short, "Act"). The same has been
rejected by the Revenue Divisional Officer with a direction to
include the land in the data bank.
2. We are not adverting to the chequered history
of litigations and the events leading up to the present challenge.
As of now, the land is included in the data bank. The
appellant's case is that this decision was taken overlooking the
satellite images produced by him and also without giving him an
opportunity to be heard.
3. Pursuant to the decision of the Local Level
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Monitoring Committee (for short, "LLMC") the land has been
notified, and the same is under challenge before this Court.
Having considered the basic matrix of the issue, we are of the
view that the decision taken in such a matter without hearing
the appellant by the LLMC, according to us, would violate the
principles of natural justice. It is to be remembered that
originally the land was not included in the data bank.
Subsequent to the rejection of the appellant's application under
section 27A of the Act, the LLMC had taken a decision. In such
a situation, the LLMC ought to have given an effective
opportunity to the appellant to place his case before them.
They also had to consider the satellite images as on 28.08.2008
to come to a conclusion about whether the land can be included
in the data bank or not.
4. In view of the factual situation as above, we
are of the view that the impugned orders have to be set aside,
paving the way for reconsideration of the matter by the LLMC
after affording an opportunity to the appellant and respondents
7 to 9.
5. We make it clear that the LLMC will have to
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examine the satellite images as on 28.08.2008 and the physical
conditions of the property as on 28.08.2008. We set aside the
impugned judgment.
6. In the meanwhile, we direct the LLMC to take
a decision within a period of six weeks, and the proceedings
initiated under Section 13 of the Act are to be kept on hold till a
final decision is taken in this matter. We also order that the
status quo as on today shall be maintained till such a decision is
taken by the LLMC. The LLMC shall also consider whether the
entire land or any portion alone is to be included in the data
bank or not.
The writ appeal stands disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
HARISANKAR V. MENON
JUDGE
PR
2025:KER:67233
PETITIONER ANNEXURES
Annexure A1 THE PROFORMA PREPARED BY THE
AGRICULTURAL OFFICER TO BE SUBMITTED
BEFORE THE REVENUE DIVISIONAL OFFICER
FOR CONSIDERING FORM 6 APPLICATION,
OBTAINED UNDER RIGHT TO INFORMATION ACT
DATED 08.03.2019,(WITHOUT DATA BANK)
Annexure A2 THE DATA BANK PUBLISHED IN KERALA
GAZETTE DATED 24.03.2012, IS PRODUCED
HEREWITH AND MARKED AS ANNEXURE-A2.
