[Cites 2, Cited by 0]
Kerala High Court
Muringeri Rafeeq vs State Of Kerala on 26 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:98857
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 26TH DAY OF DECEMBER 2025 / 5TH POUSHA, 1947
WP(C) NO. 48443 OF 2025
PETITIONER:
MURINGERI RAFEEQ
AGED 53 YEARS
GREEN VIEW HOUSE, ATHAZHAKKUNNUP.O.,
KUTTIYALI, KANNUR, PIN - 670016
BY ADV
SRI.K.C.VINCENT
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE,
SECRETARIAT,THIRUVANANTHAPURAM,
PIN - 695001
2 THE DEPUTY COLLECTOR (R.R.)
COLLECTORATE, KANNUR,
ERNAKULAM, PIN - 670002
3 THE VILLAGE OFFICER
VILLAGE OFFICE, KANNADIPARAMBU,
KANNADIPARAMBU P.O., KANNUR,
PIN - 670604
4 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, NARATH,
KOLANCHERY P.O., KANNUR, PIN - 670601
2025:KER:98857
WP(C) No.48443 of 2025
2
SMT.REKHA C NAIR,SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:98857
WP(C) No.48443 of 2025
3
JUDGMENT
Dated this the 26th day of December, 2025
The petitioner, who is owner of 99.15 Ares of land in
Kannadiparambu Village of Kannur Taluk in Kannur District,
has filed this writ petition seeking to direct the 2nd respondent
to consider and pass orders on Ext.P2 application within a
time frame to be fixed by this Court.
2. The petitioner states that he is owner of 99.15 Ares
of land situated in Survey Nos.77/121 and 77/122 in Block
No.181 of Kannadiparambu Village of Kannur Taluk in Kannur
District. The land is a garden land. It is not cultivated with
paddy. It is not fit for paddy cultivation either. However, the
land is included in the Data Bank and is described as paddy
land in Revenue records also.
3. The petitioner wants to use the land for other
purposes. Hence, the petitioner filed Ext.P2 application in
2025:KER:98857
Form-5, invoking Rule 4(4D) of the Kerala Conservation of
Paddy Land and Wetland Rules, 2008. The application was
filed on 16.12.2025. The application is not disposed of so far.
Unless the application is considered expeditiously, the
petitioner will be put to untold hardship and loss, contends the
petitioner.
4. The Government Pleader representing the
respondents resisted the writ petition. The Government
Pleader controverted all material allegations made by the
petitioner, in the writ petition. The Government Pleader,
however, submitted that since the petitioner has invoked a
statutory remedy under the provisions of the Kerala
Conservation of Paddy Land and Wetland Act, 2008, the
application submitted by the petitioner can be considered by
the competent authority in accordance with law, provided the
application is received, is complete in all respects and is
2025:KER:98857
supported by all necessary documents.
5. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing the
respondents.
6. The petitioner is owner of 99.15 Ares of land
situated in Survey Nos.77/121 and 77/122 in Block No.181 of
Kannadiparambu Village of Kannur Taluk in Kannur District.
The land is included in the Data Bank of paddy land and
wetland prepared under Section 5(4)(i) of the Kerala
Conservation of Paddy Land and Wetland Act, 2008.
According to the petitioner, the land owned by him is neither
paddy land nor wetland. The land is not suitable for paddy
cultivation. The petitioner wants to use the land for other
purposes and hence he has filed an application in Form-5
seeking to remove the land from Data Bank.
2025:KER:98857
7. The Form-5 application has been filed by the
petitioner invoking his statutory right under Rule 4(4D) of the
Kerala Conservation of Paddy Land and Wetland Rules, 2008.
The application being a statutory application, the competent
authority has a legal duty to consider the application in
accordance with law, within a reasonable time.
The writ petition is therefore disposed of directing the 2nd
respondent to consider Ext.P2 Form-5 application submitted
by the petitioner if the same is received, supported by all
requisite documents and paying prescribed fee, if any, and to
pass orders thereon in accordance with law, within a period of
three months.
Sd/-
N.NAGARESH
JUDGE
hmh
2025:KER:98857
APPENDIX OF WP(C) NO. 48443 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED
20.05.2025 RELATING TO THE PROPERTY
OWNED BY THE PETITIONER AND OTHERS
Exhibit P2 A TRUE COPY OF THE APPLICATION IN FORM
5 RE-SUBMITTED ONLINE DATED 16.12.2025
WITH ORIGINAL APPLICATION DATED
29.10.2025
