[Cites 2, Cited by 0]
Kerala High Court
Anarath Ammed Haji vs The Revenue Divisional Officer/ Sub ... on 3 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:93696
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA, 1947
WP(C) NO. 39685 OF 2024
PETITIONER/S:
ANARATH AMMED HAJI,
AGED 64 YEARS
S/O. ANARATH MOIDU HAJI,
ANARATH HOUSE, NEAR STAR TILE WORKS,
PANNIYANKARA, KALLAI POST,
KOZHIKODE DISTRICT,
PIN - 673003
BY ADV SHRI. RAJ CAROLIN V.
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE,
CIVIL STATION JUMA MASJID,
SH29, ERANHIPALAM,
KOZHIKODE DISTRICT,
PIN - 673020
2 THE DEPUTY COLLECTOR (R. R),
REVENUE DIVISIONAL OFFICER U/S. 2(XVA),REVENUE
DIVISIONAL OFFICE, CIVIL STATION JUMA MASJID, SH29,
ERANHIPALAM, KOZHIKODE DISTRICT,
PIN - 673020
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
OF REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
GP, SMT. PREETHA K.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO.39685 OF 2024
2
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.39685 of 2024
-------------------------------
Dated this the 03rd day of December, 2025
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
" i) issue a Writ of Certiorari and quash Exhibit.P10
order of rejection issued by the second respondent
after calling for the records leading to the issuance
of the same.
ii) Issue a Writ of Mandamus directing the first
respondent to consider and pass appropriate orders
in Exhibit.P7 application submitted in Form No.5 for
correction of the mistake in the data bank submitted
by the petitioner afresh in view of the relevant
provisions and government orders.
iii) declare that the property having an extent of
14.974 Ares in Survey No. 64/36 of Pantheerankavu
Village of Kozhikode Taluk, is not a land to be
included in the data bank.
iv) To dispense with the production of the English
translation of Exhibits which are in vernacular
language;
v) grant such other reliefs as this Court deems fit in
the facts and circumstances of the case."
[SIC]
2. The petitioner is aggrieved by the order passed
by the 1st respondent rejecting the Form-5 application submitted
by him under the Kerala Conservation of Paddy Land and Wetland
Rules, 2008 ('Rules', for brevity). The main grievance of the
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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
Village Officer. There is no indication in the order that the
authorized 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 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
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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.P10 order is set aside.
2. The 1st respondent/authorised officer is directed
to reconsider Ext.P7 Form - 5 application 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
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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 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
SSG
Judgment reserved NA
Date of judgment 03.12.2025
Judgment dictated 03.12.2025
Draft Judgment Placed 04.12.2025
Final Judgment Uploaded 05.12.2025
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WP(C) NO.39685 OF 2024
APPENDIX OF WP(C) NO. 39685 OF 2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED NO.
900/2015 DATED 10/03/2015 OF CHEVAYOOR
SRO
Exhibit P2 TRUE COPY OF THE REGISTERED SALE DEED NO.
988/2015 DATED 16/03/2015 OF CHEVAYOOR
SRO
Exhibit P3 TRUE COPY OF THE REGISTERED SALE DEED NO.
1101/2015 DATED 21/03/2015 OF CHEVAYOOR
SRO
Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT BEARING
NO. KL11013911020/2022 FOR THE YEAR 2022-
2023 DATED 22/11/2022 ISSUED BY THE
VILLAGE OFFICE, PANTHEERANKAVU VILLAGE TO
THE PETITIONER
Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE VILLAGE OFFICER,
PANTHEERANKAVU VILLAGE TO THE PETITIONER
BEARING NO. 4057/2022 DATED 25/11/2022
Exhibit P6 TRUE COPY OF THE EXTRACT OF THE BASIC TAX
REGISTER ISSUED BY THE PANTHEERANKAVU
VILLAGE
Exhibit P7 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT BEARING NUMBER 1/2023/271580
DATED 14/03/2023
Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WPC NO. 21568 OF 2023 DATED
04/07/2023
Exhibit P9 TRUE COPY OF THE JUDGEMENT OF THIS
HON'BLE COURT IN CON. CASE (CIVIL) NO.
14/2024 DATED 21/08/2024
Exhibit P10 TRUE COPY OF THE ORDER IN PROCEEDINGS OF
THE 2ND RESPONDENT BEARING FILE NO.
236/2024 IN APPLICATION NO. 1/2023/271580
DATED 06/08/2024
