[Cites 2, Cited by 0]
Kerala High Court
Siby Paul vs The District Collector on 6 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C.) No.45872 of 2025 1
2025:KER:94750
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. 45872 OF 2025
PETITIONER:
1 SIBY PAUL
AGED 41 YEARS
S/O. LATE PAUL PULLAN, RESIDING AT PULLAN HOUSE,
PANDARACHIRA ROAD, SOUTH CHILAVANOOR, KADAVANTHARA,
ERNAKULAM, REPRESENTED BY POWER OF ATTORNEY HOLDER
JACOB MATHEWS. N, AGED 72 YEARS, S/O. LATE N.V
MATHEWS, RESIDING AT NEDUMPILLY HOUSE, NEAR
AYYAPPANKAVU, CHITTOOR ROAD, ERNAKULAM, PIN - 682018
BY ADVS.
SHRI.BINIYAMIN K.S.
SRI.K.S.MIZVER
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD,
ERNAKULAM DISTRICT, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER
ERNAKULAM REVENUE DIVISIONAL OFFICE, KB JACOB ROAD,
FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001
3 THE DEPUTY COLLECTOR (RR)
CIVIL STATION, KAKKANAD,
ERNAKULAM DISTRICT, PIN - 682030
4 THE THAHSILDAR
KANAYANNUR TALUK OFFICE, KANAYANNUR, PARK AVENUE,
NEAR SUBHASH PARK, MARINE DRIVE, ERNAKULAM, PIN -
682011
W.P.(C.) No.45872 of 2025 2
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5 THE VILLAGE OFFICER
NADAMA VILLAGE OFFICE, THRIPUNITHURA,
ERNAKULAM DISTRICT., PIN - 682301
6 THE AFRICULTURAL OFFICER
VYTILLA KRISHI BHAVAN, VYTILLA,
ERNAKULAM DISTRICT, PIN - 682019
7 THE LOCAL LEVEL MONITORING COMMITTEE
KOCHI MUNICIPAL CORPORATION, REPRESENTED BY ITS
CONVENER THE AGRICULTURAL OFFICER, VYTILLA KRISHI
BHAVAN, VYTILLA, ERNAKULAM DISTRICT, PIN - 682019
8 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
(KSREC)
1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS DIRECTOR, PIN - 695033
SMT. DEEPA V., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C.) No.45872 of 2025 3
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.45872 of 2025
----------------------------------------------
Dated this the 06th day of December, 2025.
JUDGMENT
This writ petition is filed seeking the following reliefs:
"i. To issue a writ of certiorari or any other writ
order or direction calling for the records leading to
Exhibit P5 order and quash the original of the
same.
ii. To issue a writ of mandamus or any other
appropriate writ, order or direction to the 2nd
respondent/3rd respondent to issue an erratum
notification excluding the petitioner's property
from the data bank within a time frame fixed by
the Hon'ble Court.
iii. To issue a writ of mandamus or any other
appropriate writ, order or direction to the 6th
respondent to seek a report from KSREC.
iv. Dispense with filing of the translation of
vernacular documents.
v. Issue such other writ, order or direction as this
Hon'ble Court may deem fit and proper in the
circumstances of the case." [SIC]
2. The petitioner is aggrieved by the order passed
by the 3rd respondent rejecting the Form-5 submitted by the
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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 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
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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 3rd respondent/authorised officer is directed
to reconsider Ext.P4 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
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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 petitioner.
4. If the authorised officer is either dismissing or
allowing the petition, a speaking order as
directed by this court in Vinumon v. District
Collector [2025 (6) KLT 275].
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKP
Judgment reserved NA
Date of Judgment 06.12.2025
Judgment dictated 06.12.2025
Draft Judgment placed 08.12.2025
Final Judgment uploaded 10.12.2025
2025:KER:94750
APPENDIX OF WP(C) NO. 45872 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POWER OF ATTORNEY DATED
15.10.2021
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT BEARING
NO. KL07020511976/2023 DATED 21.07.2023
Exhibit P3 TRUE COPY OF THE RELEVANT EXTRACT OF DRAFT
DATABANK
Exhibit P4 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT BEARING APPLICATION NO.
1/2023/1242712 DATED 05.03.2023
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE 3RD
RESPONDENT BEARING FILE NO. 4110/2023
DATED 02.11.2024 ALONG WITH THE TYPED COPY
Exhibit P6 TRUE COPY OF THE PHOTOGRAPHS OF THE
SUBJECT PROPERTY
