[Cites 2, Cited by 0]
Kerala High Court
V M Mohanan vs The District Collector,Palakkad on 11 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 46270 OF 2025 1
2025:KER:96237
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF DECEMBER 2025 / 20TH AGRAHAYANA, 1947
WP(C) NO. 46270 OF 2025
PETITIONER/S:
V M MOHANAN
AGED 64 YEARS
S/O.LATE.VASUDEVAN, MULLAPPALLI ILLAM, NAVAKKODE,
KODUNTHIRAPULLY, PALAKKAD, PIN - 678004
BY ADV SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,PALAKKAD
COLLECTORATE, CIVIL STATION PALAKKAD, PIN - 678001
2 REVENUE DIVISIONAL OFFICER
COLLECTORATE, CIVIL STATION, PALAKKAD, PIN - 678001
3 THE PRINCIPAL AGRICULTURAL OFFICER
OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICER, CIVIL
STATION, PALAKKAD, PIN - 678001
4 THE THAHSILDAR (L.R)
PALAKKAD TALUK OFFICE, PALAKKAD.P.O, PALAKKAD,
PIN - 678003
5 THE VILLAGE OFFICER
PIRAYIRI VILLAGE, PIRAYIRI.P.O, PALAKKAD TALUK,
PALAKKAD, PIN - 678004
6 THE AGRICULTURAL OFFICER
KRISHIBHAVAN, PIRAYIRI.P.O, PALAKKAD TALUK, PALAKKAD,
PIN - 678004
7 LOCAL LEVEL MONITORING COMMITTEE
PIRAYIRI GRAMA PANCHAYAT, PIRAYIORI.P.O, ALATHUR TALUK,
PALAKKAD, REP.BY ITS CONVENER, PIN - 678004
WP(C) NO. 46270 OF 2025 2
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8 THE DIRECTOR
KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE,
'C' BLOCK, VIKAS BHAVAN, THIRUVANATHAPURAM,
PIN - 695033
GP SMT DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 46270 OF 2025 3
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 46270 OF 2025
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Dated this the 11th day of December, 2025
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"i) Issue a writ of Certiorari or any other writ order or
direction and quash Ext.P6, Order dated 02.09.2024 issued by
the 3rd Respondent.
ii) Issue a writ of Mandamus or any other writ order or
direction and direct the 2nd respondent to delete the
petitioner's property comprised in Re.Sy.No.169/1-1, 169/2-19 in
Block No.19 of Pirayiri Village, Palakkad Taluk in Palakkad
District having an extent of 0.0433 Hectare from Ext.P3, Data
Bank.
iii) It is prayed that this Hon'ble Court may dispense
the production of English Translation of the documents produced
in the above W.P.(c) and Petitioner undertakes to produce the
same as and when required by this Hon'ble Court.
And
iv) 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]
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.
3. Heard the learned counsel for the petitioner and the
learned Government Pleader.
4. This Court perused the impugned order. I am of the
2025:KER:96237
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 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:
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1. Ext.P6 order is set aside.
2. The 2nd respondent/authorised officer is directed to
reconsider Ext.P5 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 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 11.12.2025
Draft Judgment placed 12.12.2025
Final Judgment uploaded 15.12.2025
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APPENDIX OF WP(C) NO. 46270 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
20.08.2022
Exhibit P2 TRUE COPY OF LOCATION SKETCH OF PETITIONER'S
PROPERTY
Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE DATA
BANK PUBLISHED BY PIRAYIRI GRAMA PANCHAYAT
DATED 24/03/2012
Exhibit P4 PHOTOGRAPH OF THE PETITIONER'S PROPERTY
Exhibit P5 TRUE COPY OF THE FORM-5 APPLICATION DATED
25.08.2022
Exhibit P6 TRUE COPY OF THE ORDER IN FILE NO.5363/2024
DATED 02.09.2024
