[Cites 3, Cited by 0]
Kerala High Court
Naushad A.G vs Revenue Divisional Officer on 15 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 34600 OF 2025 1
2025:KER:96640
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 15TH DAY OF DECEMBER 2025 / 24TH AGRAHAYANA, 1947
WP(C) NO. 34600 OF 2025
PETITIONER/S:
NAUSHAD A.G.
AGED 52 YEARS
S/O ABDUL GAFOOR, PANAYIL VEEDU, MANACODE,
PANGODE P. O., THIRUVANANTHAPURAM DISTRICT - 695609
BY ADVS.
SMT.DIVYA C BALAN
SHRI.P.D.SUBRAMANIAN NAMPOOTHIRI
SHRI.HARIKRISHNAN R.
SHRI.K.N.SUGATHAN
SHRI.SIDHARTH BIMAL
SMT.GOWRI V. NAIR
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
PAZHAVADI, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT,
PIN - 695541
2 VILLAGE OFFICER
VILLAGE OFFICE, PANGODE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695609
3 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, PANGODE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695609
4 LOCAL LEVEL MONITORING COMMITTEE
PANGODE, REPRESENTED BY ITS CONVENOR, AGRICULTURAL
OFFICER, KRISHI BHAVAN, PANGODE, THIRUVANANTHAPURAM
DISTRICT, PIN - 69560
WP(C) NO. 34600 OF 2025 2
2025:KER:96640
5 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, 1ST
FLOOR, VIKAS BHAVAN PMG, THIRUVANANTHAPURAM DISTRICT,
PIN - 695033
6 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY
REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
DISTRICT, PIN - 695001
GP, SRI. K. JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34600 OF 2025 3
2025:KER:96640
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 34600 OF 2025
------------------------------------------------------
Dated this the 15th 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 appropriate
Writs, Orders or direction, to call for the records leading to
Exhibits P5 and P6 and to quash the same;
(ii) Issue a Writ of Mandamus, or any other
appropriate Writs, Orders or direction commanding the 1st
respondent to exclude the property of the petitioner from the
data bank by reconsidering the application in Form 5 afresh with
the assistance of the report of the Kerala State Remote Sensing
and Environment Centre, as expeditiously as possible at any
rate within a time frame to be fixed by this Hon'ble Court;
(iii) Grant such other order as this Hon'ble court
deems fit and necessary in the facts and circumstance of the
case;
(iv) Petitioner also prays that this Hon'ble Court may
be pleased to dispense with the translation of the documents
produced in the Vernacular Language."
[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 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:96640
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:
2025:KER:96640
1. Exts.P5 order and P6 report are set aside.
2. The 1st 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 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 15.12.2025
Draft Judgment placed 16.12.2025
Final Judgment uploaded 16.12.2025
2025:KER:96640
APPENDIX OF WP(C) NO. 34600 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 1010/2011
DATED 28/05/2011 OF S.R.O. KALLARA
Exhibit P2 TRUE COPY OF THE SALE DEED NO. 1216/2011
DATED 22/06/2011 OF S.R.O. KALLARA
Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED
10/04/2025 ISSUED BY THE 2ND RESPONDENT OF
THANDAPER NO. 2988
Exhibit P4 TRUE COPY OF THE APPLICATION DATED 25/05/2023
FILED IN FORM NO. 5 OF THE KERALA
CONSERVATION OF PADDY LAND AND WET LAND
RULES, 2008
Exhibit P5 TRUE COPY OF THE ORDER DATED 20/09/2023
PASSED BY THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE REPORT DATED 15/07/2023 OF
THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE
MINUTES CONCERNING THE PETITIONER'S PROPERTY
DATED 07/07/2023 AS WELL AS REPLY TO THE
QUERY BY THE 3RD RESPONDENT
Exhibit P8 TRUE COPY OF THE JUDGMENT REPORTED IN 2024
KHC1145 (ASHIQUE VS. REVENUE DIVISIONAL
OFFICER(RDO)
Exhibit P9 TRUE COPY OF THE JUDGMENT REPORTED IN 2023
(2) KHC 359 (NIYAS V. DISTRICT COLLECTOR,
PALAKKAD)
