Kerala High Court
Jose vs State Of Kerala on 27 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 31530 of 2024
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2025:KER:80447
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 27TH DAY OF OCTOBER 2025 / 5TH KARTHIKA, 1947
WP(C) NO. 31530 OF 2024
PETITIONER(S):
1 JOSE,
AGED 66 YEARS
S/O DEVASSY, THAROOKKARA (H), THRISSUR TALUK,
AYYANTHOLE VILLAGE, MANNUTHY P.O.,THRISSUR,
PIN - 670303
2 PRINCY JOSE,
AGED 60 YEARS
W/O JOSE, THRISSUR TALUK, AYYANTHOLE
VILLAGE,MANNUTHY P.O, THRISSUR, PIN - 670303
BY ADVS.
SHRI.JERRY MATHEW
SMT.DEVIKA K.R.
RESPONDENT(S):
1 STATE OF KERALA,
REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF
KERALA, PIN - 682031
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER CIVIL
LANE RD, AYYANTHOLE P.O, THRISSUR, PIN - 680003
3 THE LOCAL LEVEL MONITORING COMMITTEE,
VALLAPPUZHA GRAMA PANCHAYATH, REPRESENTED BY ITS
CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN,
AYYANTHOLE PUTHOOKKARA,THRISSUR,
PIN - 680012
W.P.(C) No. 31530 of 2024
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4 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, REPRESENTED BY ITS DIRECTOR, VIKAS
BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF
KERALA SENATE HOUSE CAMPUS, PMG ,
THIRUVANANTHAPURAM, KERALA, PIN : 695 003. ( IS
IMPLEADED AS ADDL.R4 IN WP(C) 31530/2024 AS PER
ORDER DATED 29.01.2025 IN IA.1/2025 IN WP(C)
31530/2024)
BY ADV. GP SMT JESSY S SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 31530 of 2024
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 31530 of 2024
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Dated this the 27th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari or any other appropriate writ calling for the records leading to Ext-P5 order passed by the 2nd respondent and examine the same and quash the same by holding it as illegal, unsustainable and unfounded in the facts and circumstances.
(ii) Issue a writ, order or direction in the nature of certiorari or any other appropriate writ calling for all records leading to Ext-P5 decision taken by the 3rd respondent, examine the same and quash the same as illegal.
(iii) Issue a writ, order or direction in the nature of mandamus or any other appropriate writ, directing the 2nd respondent to take up Form 5 application, reconsider the same and issue fresh orders after considering all other factors mentioned in Rule 4(4F) of the Kerala Conservation of Paddy Land and Wetland Act,2008.
(iv) Allow the petitioner to recover the full costs incurred for the institution and conduct of the writ petition (civil) from the respondents
(v) Dispense with production of English translation of vernacular documents."[SIC]
2. The petitioners are aggrieved by the order passed W.P.(C) No. 31530 of 2024 4 2025:KER:80447 by the 2nd respondent rejecting the Form-5 application submitted by them under the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules', for brevity). The main grievance of the petitioners is that the authorised officer has not considered the contentions of the petitioners.
3. Heard the learned counsel for the petitioners and the learned Government Pleader.
4. This Court perused the impugned order. I am of the considered opinion that the authorised officer has failed to comply with the statutory requirements. The impugned order was passed by the authorised officer based on the report of the Agricultural Officer. Eventhough KSREC report is available, the same is not properly considered by the authorised officer. There is no independent finding regarding the nature and character of the land as on the relevant date by the authorised officer. Moreover, the authorised officer has not considered whether the exclusion of the property would prejudicially affect the surrounding paddy fields.
5. This Court in Muraleedharan Nair R v. Revenue Divisional Officer [2023 (4) KHC 524], W.P.(C) No. 31530 of 2024 5 2025:KER:80447 Sudheesh U v. The Revenue Divisional Officer, Palakkad [2023 (2) KLT 386], and Joy K.K. v. The Revenue Divisional Officer/Sub Collector, Ernakulam [2021 (1) KLT 433], observed that the competent authority is obliged to assess the nature, lie and character of the land and its suitability for paddy cultivation as on 12.08.2008, which are the decisive criteria to determine whether the property merits exclusion from the data bank. The impugned order is not in accordance with the principle laid down by this Court in the above judgments. Therefore, I am of the considered opinion that the impugned order is to be set aside.
Therefore, this Writ Petition is allowed in the following manner:
1. Ext.P5 order is set aside.
2. The 2nd respondent/authorised officer is directed to reconsider the Form - 5 application submitted by the petitioners in accordance with the law. The authorised officer shall either conduct a personal W.P.(C) No. 31530 of 2024 6 2025:KER:80447 inspection of the property or, alternatively, call for the satellite pictures, in accordance with Rule 4(4f) of the Rules, at the cost of the petitioners, if not already called for.
3. If satellite pictures are called for, the application shall be disposed of within three months from the date of receipt of such pictures. On the other hand, if the authorised officer opts to personally inspect the property, the application shall be considered and disposed of within two months from the date of production of a copy of this judgment by the petitioners.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
DM
Judgment reserved NA
Date of Judgment 27.10.2025
Judgment dictated 27.10.2025
Draft Judgment placed 27.10.2025
Final Judgment uploaded 28.10.2025
W.P.(C) No. 31530 of 2024
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APPENDIX OF WP(C) 31530/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE DOCUMENT NO.
6603/1993 OF THE SUB REGISTRAR OFFICE, AYYANTHOLE DATED 31/12/1993.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT DATED 04/04/2024.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE DATA BANK ISSUED BY THE THRISSUR CORPORATION DATED 22/01/2021 EXHIBIT P4 THE TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE DATA BANK ISSUED AGRICULTURE OFFICER AYYANTHOLE.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE ORDER DATED 07/02/2024 ISSUED BY THE 2ND RESPONDENT.