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2026 Supreme(Online)(Ker) 16793

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
C.L.JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 30088 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.LINDONS C.DAVIS, SMT.E.U.DHANYA, SMT.N.S.SHAMILA, SMT.CHINJU P. JOYIES
For the Respondents: GP – SRI. K. JANARDHANA SHENOY

Judicial orders regarding land classification must be followed; erroneous land records necessitate correction without unnecessary procedural requirements.

Headnote:(A) Kerala Conservation of Paddy Land and Wetland Act, 2008 - Writ petition for mandamus - The petitioner sought mandamus for reassessment of land classification and removal from data bank, claiming delay and arbitrary classification - The Court held that judicial direction for reclassifying land as 'converted' must be adhered to. (Paras 1-4)

(B) Classification of Land - Misclassification can lead to wrongful entries in the Data Bank, and the authorities are bound to re-evaluate based on existing regulations - The relevant government orders mandate that non-paddy land should not be included in the data bank. (Paras 4-6)

Facts of the case:
The petitioner, owner of a parcel of land, filed for reassessment of classification, alleging prolonged inaction from the authorities regarding land utilization and misclassification as paddy land. This prompted the filing of a Writ Petition due to failure to act.

Findings of Court:
The Court found that Ext.P14, requiring compliance with Form-5 application for removal from the data bank, was arbitrary, as previous judgments indicated no such necessity. The Court directed reconsideration of the classification application without such insistence.

Issues: The main issue was whether the petitioner must submit a Form-5 application for reassessment and whether the authorities complied with earlier court directives regarding land classification.

Ratio Decidendi: The Court reinforced that erroneous data entries could lead to unjust classification, necessitating correction without unnecessary procedural burdens. It established that authorities must adhere to prior judgments regarding land classification.

Result: Writ Petition allowed; Ext.P14 set aside, directing reconsideration of the application.

Table of Content
1. petitioner's ownership and land classification issues. (Para 2)
2. dispute over the necessity of filing form – 5 application. (Para 3)
3. judgment on reconsideration of petitioner's application. (Para 5 , 6)

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i) To issue a Writ of mandamus or any other appropriate writ or order or direction commanding the 5th respondent to consider and pass orders on Exhibit P10 by reassessing the classification of of the petitioner’s land as Purayidom/Garden land, within a time frame fixed by this Hon’ble Court.

ii) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 7th and 8th respondents to issue erratum notification excluding the property of the petitioner from the Data Bank;

iii) To issue a Writ of mandamus or any other appropriate writ or order or direction commanding the 5th and 6th respondents to change the classification of land in BTR and revenue records as Purayidam/Dry land within a time frame fixed by this Hon’ble Court;

iv) To issue a Writ of certiorari or any other appropriate writ or order or direction quashing Ext.P14 as unjust, illegal and arbitrary;

v) To impose cost on 5th and 8th respondent payable to the petitioner for loss, injury and metal agony happened to him.

vi) To dispense with the translation of the documents produced in the vernacular language.

vii) And to pass such other appropriate orders or directions as this Hon’ble Court deems fit and proper in the facts and circumstances of the case."

[SIC]

2. Petitioner is the absolute owner and title holder of an extent of 21.25 Ares of land comprised in Re-Survey No.135/6 of Amballoor Village in Ernakulam District. The land is shown as converted land in the data bank register with trees and a well, is the submission. The petitioner filed an application dated 24.02.2017 as per Clause 6 of the Kerala Land Utilization Order for the permission to utilize the property for the purposes other than paddy cultivation. When there was delay in considering the application, the petitioner approached this Court for an early disposal of the application by filing W.P.(C) No.7895/2017. As per Ext.P3 interim order dated 09.03.2017, this Court directed the petitioner to pay fees and make arrangements for taking KSREC report. This Court also directed the Agricultural Officer to file a report regarding the nature of the land after inspection along with KSREC report. It is submitted that the petitioner paid the fees and the KSREC report was obtained by the Agricultural Officer on the cost of the petitioner. But the the Agricultural Officer has not filed the report as directed by this Court in Ext.P3 interim order, even after getting the KSREC report. In the meanwhile, the Kerala Conservation of Paddy Land and Wetland (Amendment) Rules, 2017 (for short ‘Rules, 2017’), came into effect, permitting the Local Level Monitoring Committee (for short ‘LLMC’) to make necessary corrections in the data bank. Thereafter, when the matter came up before this Court, the learned Government Pleader submitted that, there are mistakes in the draft and final data banks published, and by virtue of the provisions contained in Rules, 2017 the LLMC is authorized to carry out appropriate corrections in the data bank, is the submission. Therefore, recording the same, the writ petition was disposed of as per Ext.P5 judgment directing to consider and pass orders on application after getting necessary inspection report from the Agricultural officer. As per the directions in Ext.P5 judgment, the LLMC has taken a decision that the land is converted land in 2008 and also taken a decision to consider it as converted land when the data bank is republished. The Agricultural Officer has also reported to the District Collector that there are trees of more than 20 years and the land will be removed at the time of publishing the same after corrections. Therefore, as per the undertaking of the Government Pleade

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