Kerala High Court
Joy Mathai vs The Deputy Collector, Ernakulam (Lr) on 2 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:48131
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
WP(C) NO. 6709 OF 2025
PETITIONERS:
1 JOY MATHAI,
AGED 56 YEARS
S/O MATHAI, MANAKKAKUDIYIL, KUNNAKKAL KARA,
MEKKADAMBU VALAKAM VILLAGE, MUVATTUPUZHA, ERNAKULAM,
PIN - 682316
2 REJI JAYAN,
AGED 51 YEARS
W/O K.K JAYAN,KATTAKKAKATHU, MEKKADAMBU,
RAKKADU KARA,VALAKAM VILLAGE, MUVATTUPUZHA, ERNAKULAM,
PIN - 682316
BY ADVS.
SHRI.K.R.PRATHISH
SHRI.P.K.SREEVALSAKRISHNAN
SRI.S.UNNIKRISHNAN (NELLAD)
SMT.KRISHNA DAS
SHRI.AKHIL BABU
RESPONDENTS:
1 THE DEPUTY COLLECTOR, ERNAKULAM (LR),
COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM,
PIN - 682030
2 THE AGRICULTURAL OFFICER,
AGRICULTURAL OFFICER, AIKKARANAD KRISHI BHAVAN,
MUVATTUPUZHA, ERNAKULAM, PIN - 682311
3 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
1ST FLOOR, VIKASBHAVAN, NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM, REP BY ITS CHIEF OFFICER,
PIN - 695033
WP(C) NO. 6709 OF 2025 2
2025:KER:48131
SR.GP.SMT.PREETHA K.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6709 OF 2025 3
2025:KER:48131
JUDGMENT
Dated this the 2nd day of July, 2025 The petitioners are the owners in possession of 0.045 Ares of land comprised in Re-Survey No.192/10-3 in Aikkaranadu Village, Kunnathunadu Taluk, covered under Ext.P1 land tax receipt. The property is a converted land. It is not suitable for paddy cultivation. However, the respondents have erroneously classified the property as 'paddy land' and included it in the data bank. To exclude the property from the data bank, the petitioners have submitted Ext.P4 application in Form 5 under Rule 4(4d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short). But, by the impugned Ext.P7 order, the authorised officer has perfunctorily rejected Ext.P4 application principally on the ground that, as per Ext.P5 report of the Kerala State Remote Sensing and Environment Centre (in short 'KSREC') the petitioners' property is classified as paddy land as in 2008. In fact, in Ext.P5 report the petitioners property is not shown as paddy land. The WP(C) NO. 6709 OF 2025 4 2025:KER:48131 authorised officer has misread Ext.P5 report as well as Ext.P6 report of the Agricultural Officer. He has also not rendered any independent finding regarding the nature and character of the property as on 12.08.2008. Hence, Ext.P7 order is illegal and arbitrary, and is liable to be quashed.
2. Heard; the learned counsel for the petitioners and the learned Senior Government Pleader.
3. The petitioners specific case is that, their property is a converted land. It is not suitable for paddy cultivation. But, the property has been erroneously included in the data bank as paddy land. Even though they had submitted Ext.P4 application to exclude the property from the data bank, the 1 st respondent has rejected the same by erroneously stating that, in Ext.P5 report the property is a paddy land as in the data of 2008. Ext.P7 order is passed without any application of mind.
4. In a host of judicial pronouncements, this Court has emphatically held that, it is the 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 WP(C) NO. 6709 OF 2025 5 2025:KER:48131 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)).
5. Ext.P7 order establishes that the 1st respondent has relied on Ext.P5 report to arrive at a conclusion that the petitioners property is a paddy land based on the data of 2008. On going through Ext.P5 report, I find that, it is observed and concluded that the applied property is bordered by road on the northern side and under mixed vegetation/plantation in the data of 2008. The said pattern has continued in the data of 2010, 2011 and 2016. In the data of 2024, it is shown that the applied plot is under mixed vegetation/plantation. Therefore, the findings of the 1st respondent in Ext.P7 order is erroneous and contrary to Ext.P5 report. Therefore, I am convinced and WP(C) NO. 6709 OF 2025 6 2025:KER:48131 satisfied that Ext.P7 order has been passed without any application of mind, and the same is liable to be quashed and the authorised officer be directed to reconsider the matter afresh, in accordance with law, after adverting to the principles of law laid down by this Court in the aforesaid decisions and the materials available on record.
Accordingly, I allow the writ petition in the following manner:
(i). Ext.P7 order is quashed.
(ii). The 1st respondent/authorised officer is directed to reconsider Ext.P4 application, in accordance with law and as expeditiously as possible, at any rate, within two months from the date of production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE AJ WP(C) NO. 6709 OF 2025 7 2025:KER:48131 APPENDIX OF WP(C) 6709/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 07.05.2024 FOR THE YEAR 2024-2025 ISSUED BY THE VILLAGE OFFICER IN THE NAME OF THE PETITIONER Exhibit P2 PHOTOGRAPHS SHOWING THE PETITIONER PROPERTY AS PURAYIDAM AND HAVING SURROUNDED BY TREES Exhibit P3 TRUE COPY OF THE THANDAPPER ACCOUNT OF THE PROPERTY IN SY. NO. 192/8 OF AIKARANAD NORTH VILLAGE Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER DATED 01.03.2023 Exhibit P5 TRUE COPY OF THE KSREC REPORT DATED 09.07.2024 OF THE PETITIONER PROPERTY Exhibit P6 TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 24.12.2024 Exhibit P7 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 15.01.2025