Kerala High Court
Sparkle Constructions Pvt. Ltd vs The Revenue Divisional Officer on 24 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:45559
WP(C) NO. 4100 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947
WP(C) NO. 4100 OF 2024
PETITIONER:
SPARKLE CONSTRUCTIONS PVT. LTD.,
REPRESENTED BY ITS DIRECTOR MINI JOSEPH, DOOR
NO.61/689 (OLD NO.39/4844), M.G. ROAD, RAVIPURAM,
COCHIN, PIN - 682016
BY ADVS.
SHRI.V.N.HARIDAS
SHRI.SAIFUDEEN T.S
SMT.B.SHAMEERA
SMT.NIMISHAMOL SASIDHARAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISION OFFICE, FORT KOCHI,
PIN - 68200
2 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
KRISHIBHAVAN, COCHIN CORPORATION, ERNAKULAM
DISTRICT -, PIN - 686691
3 AGRICULTURAL OFFICER,
KRISHIBHAVAN, COCHIN CORPORATION, ERNAKULAM
DISTRICT, PIN - 686691
4 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE,
2025:KER:45559
WP(C) NO. 4100 OF 2024
2
C-BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM -,
PIN - 695033
GOVERNMENT PLEADER SMT. JESSY S SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:45559
WP(C) NO. 4100 OF 2024
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JUDGMENT
Dated this the 24th day of June, 2025 The writ petition is filed to quash Ext.P11 order and direct the 1st respondent to re-consider Ext.P5 application submitted by the petitioner in Form 5 under Rule 4(4d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short).
2. The petitioner is a private limited company and the owner of 492.84 Ares of land situated in Edapally South Village, Kanayannur Taluk, Ernakulam District, covered by Exts.P1 to P3 land tax receipts. The petitioner's property is a garden land. However, the respondents have erroneously classified the same as 'converted land' and included it in the data bank. To exclude the property from the data bank, the petitioner had submitted Form 5 application before the 1 st respondent. Similarly, the petitioner had also 2025:KER:45559 WP(C) NO. 4100 OF 2024 4 submitted Ext.P7 application (Form 9) under Rule 12(13) of the Rules. But, by the impugned Exts.P11 and P10 orders, the 1st respondent has rejected Exts.P5 and P7 applications. Exts.P11 and P10 orders are illegal and arbitrary. Hence, the writ petition.
3. The 1st respondent has filed a statement asserting that, the Agricultural Officer has reported that the petitioner's property is water-logged and low lying land. As per the Kerala State Remote Sensing Environmental Report, the petitioner's property is fallow with scattered vegetation. Therefore, the Agricultural Officer has recommended not to exclude the property from the data bank. Consequentially, Ext.P11 order was passed.
4. Heard; the learned counsel for the petitioner and the learned Government Pleader.
5. The learned counsel for the petitioner submits that the petitioner is confining the challenge in the writ petition to Ext.P11 order passed by the 1st respondent.
2025:KER:45559 WP(C) NO. 4100 OF 2024 5 Moreover, in view of the changed position of law i.e., since the petitioner's property is classified as converted land in the data bank, which is an unnotified land, notwithstanding Exts.P11 and P10 orders passed by the 1st respondent, the petitioner may be permitted to file a Form 7 application as envisaged under Section 27A r/w 12(1) of the Act and Rules.
6. The learned Government Pleader submits that the petitioner's property has been classified as converted land, wetland and partially wetland in the data bank. Therefore, the Form 7 application can only be with respect to the property classified as converted land in the data bank.
7. It is well setted in a catena of decisions by this Court and the Honourable Supreme Court that the provisions of the Act are applicable only if the property is classified as 'paddy land' or 'wetland' in the data bank.
8. It is the specific case of the petitioner that, the 2025:KER:45559 WP(C) NO. 4100 OF 2024 6 property is a converted land. Therefore, notwithstanding Ext.P11 order, the petitioner may be permitted to submit a Form 7 application before the 1 st respondent.
In light of the above submission, the writ petition is disposed of, by permitting the petitioner to file a Form 7 application before the 1st respondent. If such an application is filed, the 1st respondent shall process the application, if the petitioner's property is shown as converted land in the data bank, in accordance with law and as expeditiously as possible, at any rate, within four months from the date of submission of the Form 7 application.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE rmm/24/6/2025 2025:KER:45559 WP(C) NO. 4100 OF 2024 7 APPENDIX OF WP(C) 4100/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF LAND TAX RECEIPT DATED.
31.12.2020 ISSUED BY EDAPALLY SOUTH VILLAGE EVIDENCING PAYMENT OF TAX IN THANDAPPER NUMBER 25199 Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED. 03.03.2021 ISSUED BY EDAPALLY SOUTH VILLAGE EVIDENCING PAYMENT OF TAX IN THANDAPPER NUMBER 31268/B Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT DATED. 31.12.2020 ISSUED BY EDAPALLY SOUTH VILLAGE EVIDENCING PAYMENT OF TAX IN THANDAPPER NUMBER 25662 Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK DATED 22.02.2021 WITH RESPECT TO THE PROPERTIES OF THE PETITIONER Exhibit P5 A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 12.02.2021 Exhibit P6 A TRUE COPY OF THE INFORMATION REPORT OBTAINED FROM THE 4TH RESPONDENT DATED 28.03.2021 Exhibit P7 A TRUE COPY OF THE APPLICATION IN FORM 9 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.09.2021 Exhibit P8 A TRUE COPY OF THE LIST DATED 22.09.2021 PREPARED BY THE PETITIONER AND SUBMITTED BEFORE THE 1ST RESPONDENT Exhibit P9 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 11379 OF 2022 DATED 31.03.2022 Exhibit P10 A TRUE COPY OF THE ORDER REJECTING FORM 9 APPLICATION ISSUED BY THE 1ST RESPONDENT DATED 07.06.2023 Exhibit P11 A TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT REJECTING FORM 5 APPLICATION DATED 08.12.2023 Exhibit P12 A true copy of the report of the then agricultural officer dated 03.05.2016