Kerala High Court
Mathew Joseph vs The District Collector on 17 September, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:69213
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 17TH DAY OF SEPTEMBER 2025 / 26TH BHADRA, 1947
WP(C) NO. 20439 OF 2025
PETITIONER:
MATHEW JOSEPH
AGED 65 YEARS
S/O. T.C JOSEPH,
RESIDING AT THOTTUNKAL HOUSE,
KOLANI KARA, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685608
BY ADV SHRI.BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, COLLECTORATE ERNAKULAM,
KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA REVENUE DIVISIONAL OFFICE,
MINI CIVIL STATION, MUDAVOOR P.O,
MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686669
3 THE THAHSILDAR
MUVATTUPUZHA TALUK OFFICE,
MINI CIVIL STATION, MUDAVOOR P.O,
MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686669
4 THE VILLAGE OFFICER
MANJALLOOR VILLAGE OFFICE,
KODALIKAD P.O,
ERNAKULAM DISTRICT, PIN - 686670
WP(C) NO.20439 OF 2025 2
2025:KER:69213
5 THE AGRICULTURAL OFFICER
MANJALLOOR KRISHI BHAVAN, MANJALLOOR,
ERNAKULAM DISTRICT, PIN - 686670
6 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
(KSREC)
1ST FLOOR, VIKAS BHAVAN,
NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PMG, THIRUVANANTHAPURAM DISTRICT,
REPRESENTED BY ITS DIRECTOR, PIN - 695033
OTHER PRESENT:
SENIOR GOVERNMENT PLEADER- SMT.PREETHA K.K.,
STANDING COUNSEL- SRI.VISHNU S. CHEMPAZHANTHIYIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.20439 OF 2025 3
2025:KER:69213
Dated this the 17th day of September, 2025
JUDGMENT
The petitioner is the owner in possession of
12.2 Ares of land comprised in Survey No. 44/6-2-4 in
Manjalloor Village, Muvattupuzha Taluk, covered
under Ext. P1 land tax receipt. The property is a
converted plot and unsuitable for paddy cultivation.
Nevertheless, the respondents have erroneously
classified the property as 'paddy land' and included it
in the data bank maintained under the Kerala
Conservation of Paddy Land and Wetland Act, 2008
and the Rules framed thereunder ('Act' and 'Rules", for
brevity). To exclude the property from the data bank,
the petitioner had submitted Ext.P3 application in
Form 5 under Rule 4(4d) of the Rules. However, by
Ext.P5 order, the authorised officer has summarily
rejected the application without either conducting a
personal inspection of the land or relying on satellite
2025:KER:69213
imagery, as specifically mandated under Rule 4(4f) of
the Rules. Furthermore, the order is devoid of any
independent finding regarding the nature and
character of the land as it existed on 12.08.2008 -- the
date the Act came into force. The impugned order,
therefore, is arbitrary and legally unsustainable.
2. I have heard the learned counsel for the
petitioner and the learned Government Pleader.
3. The principal contention of the petitioner is that
the subject property is not a cultivable paddy field but a
converted plot. Nonetheless, the property has been
incorrectly included in the data bank. Despite filing an
application in Form 5 seeking its exclusion, the same has
been rejected without proper consideration or
application of mind.
4. It is now well-settled by a catena of judgments of
this Court -- including Muraleedharan Nair R v.
Revenue Divisional Officer [2023 (4) KHC 524],
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Sudheesh U v. The Revenue Divisional Officer,
Palakkad [2023 (2) KLT 386], and Joy K.K. v. The
Revenue Divisional Officer/Sub Collector,
Ernakulam [2021 (1) KLT 433] -- that the competent
authority is obliged to assess the nature, lie and
character of the land and its suitability for paddy
cultivation as on 12.08.2008, which are the decisive
criteria to determine whether the property merits
exclusion from the data bank.
5. A reading of Ext.P5 order reveals that the
authorised officer has failed to comply with the statutory
requirements. There is no indication in the order that the
authorised officer has directly inspected the property or
called for the satellite pictures as mandated under Rule
4(4f) of the Rules. It is solely based on the report of the
Agricultural Officer, that the impugned order has been
passed. The authorised officer has not rendered any
independent finding regarding the nature and character
2025:KER:69213
of the land as on the relevant date. There is also no
finding whether the exclusion of the property would
prejudicially affect the surrounding paddy fields. In light
of the above findings, I hold that the impugned order was
passed in contravention of the statutory mandate and the
law laid down by this Court. Thus, the impugned order is
vitiated due to errors of law and non-application of mind,
and is liable to be quashed. Consequently, the authorised
officer is to be directed to reconsider the Form 5
application as per the procedure prescribed under the
law.
In the aforesaid circumstances, I allow the writ
petition in the following manner:
i. Ext.P5 order is quashed.
ii. The second respondent/authorised officer is
directed to reconsider Ext.P3 application in accordance
with law. The authorised officer shall either conduct a
personal inspection of the property or, alternatively, call
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for the satellite pictures, in accordance with Rule 4(4f) of
the Rules, at the cost of the petitioner.
iii. If satellite pictures are called for, the application
shall be disposed of within three months from the date of
receipt of such pictures. On the other hand, if the
authorised officer opts to personally inspect the
property, the application shall be considered and
disposed of within two months from the date of
production of a copy of this judgment by the petitioner.
The writ petition is thus ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
mtk/17.09.25
2025:KER:69213
APPENDIX OF WP(C) 20439/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT
BEARING NO. KL07071607787/2024 DATED
12.11.2024
Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE
PUBLISHED DATABANK BEARING NO. A1-
1232/2012 DATED 15.03.2012
Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT BEARING NO. 8/2024/1448918
DATED 08.11.2024
Exhibit P4 TRUE COPY OF THE REPORT SUBMITTED BY THE
5TH RESPONDENT BEFORE THE 2ND RESPONDENT
DATED 02.12.2024
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER BEARING FILE
NO.1386/2025 DATED 07.03.2025
Exhibit P6 TRUE COPY OF PHOTOGRAPHS OF THE SUBJECT
PROPERTY
