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Kerala High Court
Muhammed Karathodi vs The District Collector Malappuram on 8 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.21163 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 8TH DAY OF DECEMBER 2025 / 17TH AGRAHAYANA, 1947
WP(C) NO. 21163 OF 2025
PETITIONER(S):
MUHAMMED KARATHODI
AGED 52 YEARS, S/O MOIDEENKARANTHODI, PO OLAVATTOR,
KONDOTTY, MALAPPURAM DISTRICT., PIN - 673638
BY ADVS.
SRI.P.SAMSUDIN
SHRI.JASNEED JAMAL
SMT.LIRA A.B.
SMT.DEVIKA E.D.
SHRI.ABIN RASHID
RESPONDENT(S):
1 THE DISTRICT COLLECTOR MALAPPURAM
CIVIL STATION, DOWN HILL, MALAPPURAM DISTRICT.,
PIN - 676505
2 THE REVENUE DIVISION OFFICER PERINTHALMANNA
MINI CIVIL STATION, PERINTHALMANNA P.O.,
MALAPPURAM DISTRICT., PIN - 679322
3 THE PRINCIPAL AGRICULTURAL OFFICER
CIVIL STATION, MALAPPURAM DISTRICT., PIN - 676505
4 THE VILLAGE OFFICER PULIKKAL
PULIKKAL VILLAGE, PULIKKAL P.O., KONDOTTY,
MALAPPURAM DISTRICT., PIN - 673637
5 THE AGRICULTURAL OFFICER
PULIKKAL GRAMAPANCHAYATH, PULIKKAL P.O.,
MALAPPURAM DISTRICT., PIN - 673637
W.P.(C) No.21163 of 2025
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6 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER/AGRICULTURAL OFFICER,
PULIKKAL P.O., KONDOTTY, MALAPPURAM DISTRICT.,
PIN - 673637
7 PULLIKALGRAMA PANCHAYAT
REPRESENTED BY THE SECRETARY, PULIKKAL PO,
KONDOTTY, MALAPPURAM DISTRICT., PIN - 673637
BY ADV.:
GP, SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.21163 of 2025
------------------------------------------------------
Dated this the 08th day of December, 2025
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"I. Issue a writ of certiorari or any other appropriate
writ, order or direction calling for the records leading to
Exhibit P4 and Exhibit-P5 and quash the same.
II. Issue a writ of mandamus or any other
appropriate writ, order or direction, directing the 2nd
respondent to consider the form 5 application afresh without
referring to the report of the LLMC and pass an appropriate
order within a time frame that may be fixed by this Hon'ble
Court.
III. Issue a writ of mandamus or any other
appropriate writ, ordering the 7th respondent to reconsider
the application for regularization of building and occupancy
certificate as per rule 5(1)(b), 75(1), and 93(1) and issue
occupancy certificate to the building.
IV. Pass an appropriate order dispensing with the
translation of the vernacular documents produced in the
Memorandum of Writ Petition and accepting the same.
V. Issue such other writ, order or direction which
this Hon'ble Court may deem fit and proper in the light of the
facts and circumstances of the case so as to secure the ends
of justice." [SIC]
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2. The petitioner is aggrieved by Ext.P5 order
passed by the 2nd respondent rejecting the Form-5
application submitted by the petitioner under the Kerala
Conservation of Paddy Land and Wetland Rules, 2008
('Rules', for brevity). The main grievance of the
petitioner is that the authorised officer has not
considered the contentions of the petitioner.
3. Heard the learned counsel for the petitioner
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
solely based on the report of the Agricultural Officer.
There is no indication in the order that the authorised
officer has directly inspected the property or called for
the satellite pictures, as mandated under Rule 4(4f) of
the Rules. There is no independent finding regarding the
nature and character of the land as on the relevant date
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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],
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. The other contentions raised by the petitioner in
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this writ petition are left open.
Therefore, this Writ Petition(C) 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 petitioner, in accordance with
the law. The authorised officer shall either
conduct a personal 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 petitioner, 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
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disposed of within two months from the date of
production of a copy of this judgment by the
petitioner.
4. If the Authorised Officer is either dismissing or
allowing the petition, a speaking order, as
directed by this Court in the judgment dated
05.11.2025 in Vinumon v. District Collector
[2025 (6) KLT 275], shall be passed.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 08.12.2025
Judgment dictated 08.12.2025
Draft Judgment placed 08.12.2025
Final Judgment uploaded 10 .12.2025
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APPENDIX OF WP(C) NO. 21163 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT OF
THE PETITIONER'S PROPERTIES DATED
24.12.2024.
Exhibit P2 TRUE COPY OF THE APPLICATION FOR
OCCUPANCY CERTIFICATE DATED 15-01-
2020.
Exhibit P3 PHOTOGRAPH SHOWING THE NATURE OF THE
LAND AND BUILDING.
Exhibit P4 TRUE COPY OF THE ORDER DATED 15-05-
2019 ISSUED BY THE 7TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE ORDER DATED 26-11-
2022 ISSUED BY THE 2ND RESPONDENT.
