Kerala High Court
Pappachan M.M vs Revenue Divisional Officer on 6 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 17299 OF 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(C) NO. 17299 OF 2025
PETITIONERS:
1 PAPPACHAN M.M.,
AGED 66 YEARS
S/O. MATHEW, MENACHERI HOUSE, KUTTILAKKARA,
PIRAROOR P.O, KALADY, PIN - 683574
2 SHEELA PAPPACHAN,
AGED 61 YEARS
W/O. PAPPACHAN M.M.,MENACHERI HOUSE, KUTTILAKKARA,
PIRAROOR P.O, KALADY, PIN - 683574
3 JOSE MARTIN,
AGED 66 YEARS
S/O. PATHROSE, PULLAN HOUSE, NEDUNGAPRA P.O,
KURUPPUMPADY, PIN - 683545
4 M.K. ESTHAPPANOSE,
AGED 70 YEARS
S/O. KORATH, MENANCHERI HOUSE, KIDANGOOR P.O,
KALADY, PIN - 686572
BY ADVS. SMT.T.K.SREEKALA
SMT.S.PARVATHI
SMT.NIKITHA SUSAN PAULSON
SMT.UTHARA ASOKAN
SHRI.ANAND GEO
SRI.V.V.ASOKAN (SR.)
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER,
FORT KOCHI P.O, FORT KOCHI,ERNAKULAM, PIN - 682001
WP(C) NO. 17299 OF 2025 2
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2 TAHSILDAR (LAND RECORDS),
MINI CIVIL STATION, FIRST FLOOR, PERIYAR NAGAR,
ALUVA P.O, ERNAKULAM, PIN - 683101
3 VILLAGE OFFICER,
MATTOOR VILLAGE OFFICE, KALADY P.O, ERNAKULAM, PIN -
683574
4 AGRICULTURAL OFFICER,
KALADY KRISHI BHAVAN, MEKALADY P.O,KALADY,
ERNAKULAM, PIN - 683574
5 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
(KSREC),
1ST FLOOR, NEAR LEGISLATIVE ASSEMBLY,UNIVERSITY OF
KERALA SENATE HOUSE CAMPUS, PMG,VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695033
BY SMT.PREETHA K K, SR.GP
SRI.VISHNU S CHEMPAZANTHIYIL, SC, KSREC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17299 OF 2025 3
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JUDGMENT
Dated this the 06th day of August, 2025 The petitioners are the owners in possession of 2.316 hectares of land, comprised in various survey numbers in Mattoor Village, Aluva Taluk, covered under Exts.P1 to P4 land tax receipts. The property is a converted land and has not been included in the data bank prepared under the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008 ('Act and Rules' in short). However, the respondents have erroneously classified the land as 'Nanja' (Nilam) in the revenue records. To change the nature of the property in the revenue records, the petitioners jointly submitted Ext.P5 application in Form 7 under Section 27A, read with Rule 12(1) of the Act and Rules, along with Ext.P6 sketch. Based on Ext.P7 report of the 3rd respondent, the 1st respondent issued Ext.P8 fee notice, directing the petitioners to remit Rs. 63,95,070/- towards conversion fee. The petitioners remitted the fee WP(C) NO. 17299 OF 2025 4 2025:KER:58733 on 15.01.2021, as per Ext.P9 cheque. Subsequently, the 1 st respondent called for a report from the Agricultural Officer (4th respondent) regarding the feasibility of the water conservancy measures shown in Ext.P6 sketch. Surprisingly, the 4th respondent, instead of giving his opinion on the water conservancy methods, reported that a portion of the property is included in the data bank as 'converted land'. As directed by the 4th respondent, the petitioners submitted Exts.P13 to P16 applications in Form 5 under Rule 4 (4d) of the Rules. Even after a lapse of four years, no action has been taken in the matter. Hence, the respondents may be directed to finalise the proceedings and issue the conversion certificate.
2. In the counter affidavit filed by the 1 st respondent, it is inter alia stated that the petitioners separately own the property as per the Thandapper accounts. However, they have jointly filed the Form 7 application. The authorised officer has found that the property was converted before 2008, and there is no legal WP(C) NO. 17299 OF 2025 5 2025:KER:58733 impediment to allow the Form 7 application. Accordingly, the petitioners were directed to remit the fee, which they have remitted. By Circular No.LRA4/4038/2021 dated 23.03.2022, the respondents have been directed that, if a property is included in the data bank even as a 'converted land', a Form 5 application is to be filed for the exclusion of the property from the data bank, before a decision is taken on the Form 7 application. Thus, the petitioners were directed to submit the Form 5 applications. Unless a decision is taken on the Form 5 applications, the Form 7 application cannot be considered. Furthermore, the petitioners have to file independent Form 7 applications. As per Government Order dated 27.06.2024, the powers of the Revenue Division Officer have been delegated to the Deputy Collectors. Accordingly, in July 2024, the files were transferred to the Deputy Collector (LA), Ernakulam. Owing to the pendency of older matters and the lack of staff, priority is given to the older files. WP(C) NO. 17299 OF 2025 6
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3. Heard; Sri.V.V.Asokan, the learned Senior Counsel appearing for the petitioners and Smt.Preetha K K, the learned Senior Government Pleader.
4. When the writ petition came up for consideration on 02.05.2025, this Court restrained the 4 th respondent from proceeding with Exts.P13 to P16 Form 5 applications.
5. It is brought to the notice of this Court that, notwithstanding the interim order dated 02.05.2025, the authorised officer has rejected Ext.P13 (a) Form 5 application on 06.06.2025.
6. The 1st respondent has in the counter affidavit, in unambiguous terms, admitted that the petitioners' properties are not included in the data bank, and the authorised officer has found that the properties were converted before 2008. The authorised officer has principally allowed the Form 7 application and directed the petitioners to remit the conversion fee of Rs. 63,95,070/-. They have remitted the fee on 15.01.2021. WP(C) NO. 17299 OF 2025 7
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7. To resolve the dispute at hand, it is necessary to refer to Rule 12 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, which is extracted herein below and read as follows:
"12. The procedure for permitting change in nature of unnotified lands as per Sub Section (2) of Section 27A.-
(1) In the case of an application for changing the nature of unnotified land having an extent upto 20.23 Are, the application shall be in Form-
6 and that in respect of land having an extent above 20.23 Are shall be in Form-7.
(2) Along with the application, sketch of such land, details regarding the plinth area of the building proposed to be constructed on said land shall be enclosed and wherein the extent of proposed land exceeds 20.23 Are, Ten percentage (10 %) of the proposed land kept aside as a part of water conservancy measures shall be marked in the sketch in blue colour and the rest of the land shall be marked in red colour clearly in the sketch and a detailed plan regarding the water conservancy measures proposed to be implemented on the said 10 % land shall be included therein.
(3) Along with the said application either a demand draft of Rs.1000/- (Rupees Thousand only) in favour of said fund or proof of deposit of Rs.1000/- (Rupees Thousand only) via electronic transfer to the said fund shall be produced.
(4) Revenue Divisional Officer shall forward the applications received as per Sub Rule (1) to Village Officer for report and Village Officer shall mark entry of the same in the Register maintained as per Form-8 and shall investigate upon the applications as per the order of priority and submit a report before Revenue Divisional Officer within fifteen days.
(5) The report as per Sub Rule (4) shall specify the details whether such permission for change in the nature of land, hinders free water flow to adjacent paddy lands if any, and the accuracy of sketch submitted along with the application shall be examined and details regarding that shall be included.
(6) Whereas the extent of such land exceeds 20.2 Are, Revenue Divisional Officer shall obtain the opinion of Agricultural Officer regarding the effectiveness of the water conservancy measures proposed to be implemented by the applicant. WP(C) NO. 17299 OF 2025 8
2025:KER:58733 (7) Whereas the extent of proposed unnotified land for changing nature exceeds One Hector, Revenue Divisional Officer shall inspect the said land in person in the presence of Agricultural Officer and Village Officer.
(8) Necessary modifications in the water conservancy measures, if any as per the opinion of the Agricultural Officer, Revenue Divisional Officer shall demand the applicant in writing for implementing such modifications.
(9) In the applications for sanctioning change of nature of unnotified land, the Revenue Divisional Officer shall, on production of a Demand Draft for the amount shown in the schedule appended to the Rules or a proof to show that the said amount is transferred to the Fund through electronic transfer, issue orders indicating the survey number and the extent of land for which sanction has been accorded and the survey number and the extent of land in which water conservancy measures are to be adopted by the applicant and also describing the water conservancy measures and a sketch of such land indicating the aforementioned details shall be appended to the order.
(10) On receipt of an order sanctioning change of nature of unnotified land, the Tahsildar shall issue an order assessing the land tax according to the extent of the land for which change of nature is sanctioned and the Village Officer shall make necessary amendments to the revenue records accordingly.
(11) In cases where Sub-division is necessary, the Tahsildar shall issue order sanctioning Sub-division and the land tax for the extent of land for which change of nature is sanctioned shall be re-assessed. (12) The extent of land on which water conservancy measures need to be carried out has to be retained as separate Sub-division and recorded as wetland and no construction works shall be carried out in such land."
(emphasis given)
8. Going by the sequence of events narrated above, the authorised officer has reached the stage of Rule 12 (9), i.e., sanctioning the change of nature of the property in the revenue records and directing the WP(C) NO. 17299 OF 2025 9 2025:KER:58733 petitioners to remit the conversion fee. After that, all that remains is to approve or modify the water conservancy measures in Ext.P6 sketch.
9. It is at this above stage that the 4th respondent reported that a portion of the property is classified as paddy land in the revenue records; therefore, the petitioners have to submit the Form 5 applications. The above course is erroneous and against the procedure laid down under the Rules. As long as the property is not classified as 'paddy land' or 'wetland' and not included in the data bank, which is admitted by the respondents, there is no necessity to file a Form 5 application. Even if a portion of the property is classified as converted land in the revenue records , in light of the law laid down by this Court in Line Properties Pvt. Ltd vs. Revenue Divisional Officer, Ernakulam (2025 (2) KLT 348), there is no necessity to file a Form 5 application. At any rate the respondents cannot turn the clock back, after reaching the Rule 12(9) stage, and direct the petitioners to file the Form WP(C) NO. 17299 OF 2025 10 2025:KER:58733 5 applications, that too when the property is not included in the data bank as 'paddy land' or 'wetland'. The limited jurisdiction of the Agricultural Officer under Rule 12 is to express his opinion on the effectiveness of the water conservancy measures suggested by the petitioners in Ext.P6 sketch and not delve into matters regarding the classification of land, which was unwarranted. Despite this Court interdicting the respondents from proceeding with the Form 5 applications, it is reported that the authorised officer has rejected one of the Form 5 applications.
10. On an overall consideration of the facts and the materials on record, particularly that the petitioners have already remitted the conversion fee, the authorised officer is to be directed to finalise the water conservancy measures as provided in the Rules, issue the conversion certificate and effect the necessary changes in the revenue records of the property. Accordingly, I allow the writ petition in the following manner:
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(i) The 1st respondent/authorised officer is directed to finalise Ext.P6 sketch as provided under Rule 12 (9) of the Rules, issue the conversion certificate in favour of the petitioners and effect consequential changes in the revenue records of the petitioners property, in accordance with law and as expeditiously as possible, at any rate, within 60 days from the date of production of a copy of this judgment
(ii) The 1st respondent is directed to drop all further proceedings pursuant to Exts.P13 to P16 Form 5 applications.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE NAB WP(C) NO. 17299 OF 2025 12 2025:KER:58733 APPENDIX OF WP(C) 17299/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 29.07.2024 ISSUED TO THE 1ST PETITIONER. EXHIBIT P1(a) TRUE COPY OF THE LAND TAX RECEIPT DATED 30.07.2024 ISSUED TO THE 1ST PETITIONER EXHIBIT P1(b) TRUE COPY OF THE LAND TAX RECEIPT DATED 30.07.2024 ISSUED TO THE 1ST PETITIONER EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 30.07.2024 ISSUED TO THE 2ND PETITIONER EXHIBIT P2(a) TRUE COPY OF THE LAND TAX RECEIPT DATED 30.07.2024 ISSUED TO THE 2ND PETITIONER EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT DATED NIL ISSUED TO THE 3RD PETITIONER EXHIBIT P4 TRUE COPY OF THE LAND TAX RECEIPT DATED 07.05.2024 ISSUED TO THE 4TH PETITIONER EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 05.10.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT EXHIBIT P6 SKETCH SUBMITTED ALONG WITH THE FORM-7 APPLICATION EXHIBIT P7 TRUE COPY OF THE REPORT DATED 15.10.2020 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT ALONG WITH TYPED COPY.
EXHIBIT P8 TRUE COPY OF THE NOTICE OF THE 1ST RESPONDENT DATED 11.01.2021 ISSUED TO THE PETITIONERS REQUIRING PAYMENT OF THE CONVERSION FEE.
EXHIBIT P9 TRUE COPY OF THE CHEQUE FOR RS.6395070/-
DATED 15.01.2021
EXHIBIT P10 TRUE COPY OF THE KSREC REPORT GATHERED BY
THE 1ST RESPONDENT DATED 24.12.2020
EXHIBIT P11 TRUE COPY OF THE LETTER DATED 17.02.2021
ISSUED FROM THE OFFICE OF THE 1ST
RESPONDENT TO THE 4TH RESPONDENT
EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.8589/2025 DATED 04.03.2025 OF THE
HON'BLE HIGH COURT OF KERALA.
EXHIBIT P13 TRUE COPY OF THE FORM 5 - APPLICATION
COLLECTED FROM THE 1ST PETITIONER DATED 27.03.2025 EXHIBIT P13(a) TRUE COPY OF THE FORM 5 - APPLICATION COLLECTED FROM THE 1ST PETITIONER DATED WP(C) NO. 17299 OF 2025 13 2025:KER:58733 27.03.2025 EXHIBIT P13(b) TRUE COPY OF THE FORM 5 - APPLICATION COLLECTED FROM THE 1ST PETITIONER DATED 27.03.2025 EXHIBIT P13(c) TRUE COPY OF THE FORM 5 - APPLICATION COLLECTED FROM THE 1ST PETITIONER DATED 27.03.2025 EXHIBIT P14 TRUE COPY OF THE FORM 5 - APPLICATION COLLECTED FROM THE 2ND PETITIONER DATED 01.04.2025 EXHIBIT P14(a) TRUE COPY OF THE FORM 5 - APPLICATION COLLECTED FROM THE 2ND PETITIONER DATED 01.04.2025 EXHIBIT P15 TRUE COPY OF THE FORM 5 - APPLICATION COLLECTED FROM THE 3RD PETITIONER DATED 27.03.2025 EXHIBIT P16 TRUE COPY OF THE FORM 5 - APPLICATION COLLECTED FROM THE 4TH PETITIONER DATED 27.03.2025 EXHIBIT P17 TRUE COPY OF CIRCULAR NO.REV-P1/156/2022- REV. DATED 22.12.2023