[Cites 2, Cited by 0]
Kerala High Court
Muhammed Anwar vs The District Collector on 6 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:94588
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
SATURDAY, THE 6TH DAY OF DECEMBER 2025 / 15TH AGRAHAYANA,
1947
WP(C) NO. 35076 OF 2024
PETITIONER/S:
MUHAMMED ANWAR,
AGED 49 YEARS
S/O. HAYYIDRASKUTTY, THALAANCHERI,
NEDUVA, TIRURANGADI, MALAPPURAM,
PIN - 676319
BY ADVS.
SHRI.MUHASIN K.M.
SMT.FARHANA K.H.
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
COLLECTORATE ROAD, UP HILL,
MALAPPURAM, PIN - 676505
2 THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER,
TIRUR REVENUE DIVISIONAL OFFICE,
TIRUR - THRIKANDIYOOR ROAD, TIRUR,
MALAPPURAM, PIN - 676101
3 THE TAHSILDAR,
TIRURANGADI TALUK OFFICE, TIRURANGADI,
MALAPPURAM, PIN - 676306
4 THE VILLAGE OFFICER,
NEDUVA VILLAGE OFFICE, PUTHARIKKAL,
PARAPPANANGADI P.O., MALAPPURAM,
PIN - 676303
5 THE AGRICULTURE OFFICER,
PARAPPANANGADI KRISHI BHAVAN,CHERUMUKKU,
PARAPPANANGADI,MALAPPURAM,
PIN - 676303
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6 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM,
PIN - 695033
BY ADV.
SHRI.JANANRDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.35076 of 2024
-------------------------------
Dated this the 06th day of December, 2025
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
" i. Issue a writ of certiorari calling for the records
leading to Ext.P3 order and quash the same.
ii. Issue a writ of mandamus or any other writ,
order or direction directing the 2 nd respondent to
reconsider Ext.P2 application and pass orders
afresh after obtaining a report from the 6th
respondent, KSREC with regard to the nature of
the property as on 2008.
iii. To issue a writ of mandamus directing the 6th
respondent to file a report before the 2 nd and 5th
respondent with regard to nature and lie of the
petitioner's property in 2008."
[SIC]
2. The petitioner is aggrieved by the order passed
by the 2nd 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
petitioner is that the authorised officer has not considered the
contentions of the petitioner.
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WP(C) NO.35076 OF 2024
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 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
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WP(C) NO.35076 OF 2024
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.P3 order is set aside.
2. The 2nd respondent/authorised officer is directed
to reconsider Ext.P2 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
hand, if the authorised officer opts to personally
inspect the property, the application shall be
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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
AJ
Judgment reserved NA
Date of judgment 06.12.2025
Judgment dictated 06.12.2025
Draft Judgment Placed 06.12.2025
Final Judgment Uploaded 06.12.2025
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WP(C) NO.35076 OF 2024
APPENDIX OF WP(C) NO. 35076 OF 2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
10.02.2022
Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER DATED
20.02.2023
Exhibit P3 TRUE COPY OF THE ORDER DATED 15.09.2023
ISSUED BY THE 2ND RESPONDENT
Exhibit P4 COPY OF THE PHOTOGRAPHS OF THE PROPERTY
OF THE PETITIONER
