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2025 Supreme(Online)(Ker) 16907

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
BINDHU K.S. – Appellant
Versus
REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.SADIQALI
For the Respondents: SMT VIDYA KURIAKOSE

Table of Content
1. the court must ensure proper application of law in assessment. (Para 1 , 4 , 5)
2. classification of land must reflect its actual use. (Para 2 , 3)
3. statutory procedures for land inspection are essential. (Para 6 , 7)

JUDGMENT

Dated this the 5th day of June, 2025 The writ petition is filed to quash Ext.P5 order and direct the first respondent to reconsider Ext. P4 application (Form 5) submitted by the petitioner under Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short).

2. The petitioner is the owner in possession of 12.55 Ares of land comprised in Survey No. 145/8 of Alamcode Village, Attingal, covered by Ext. P2 land tax receipt. The petitioner’s property is a garden land. However, the respondents have erroneously classified the property as paddy land and included it in the data bank. In order to exclude the property from the data bank, the petitioner had submitted Ext. P4 application before the first respondent. The first respondent, without directly inspecting the property or calling for the satellite images as envisaged under Rule 4(4f) of the Rules, by solely relying on the report of the additional second respondent,

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