Kerala High Court
Adv. Latha.K vs The Revenue Divisional Officer on 3 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 15869 OF 2024 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF NOVEMBER 2025 / 12TH KARTHIKA, 1947
WP(C) NO. 15869 OF 2024
PETITIONER/S:
ADV. LATHA.K,
AGED 53 YEARS
W/O PREMRAJ P.I, RESIDING AT 50/832F, GEETH GOVIND,
GTWRA 51, CHANGAMPUZHA SAMADHI ROAD, EDAPPALLY
POST, COCHIN, PIN - 682024
BY ADVS.
SHRI.JOMTON F. PAYANKAN
SMT.GAYATHRI NARENDRANATH
SHRI.T.SUKESH ROY
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER,
DISTRICT COLLECTOR OFFICE, KOZHIKODE COLLECTORATE,
CIVIL STATION P.O, KOZHIKODE, KERALA, PIN - 673020
2 THE SUB COLLECTOR,
DISTRICT COLLECTOR OFFICE, KOZHIKODE
COLLECTORATE,CIVIL STATION P.O, KOZHIKODE, KERALA,
PIN - 673020
3 THE DISTRICT COLLECTOR,
DISTRICT COLLECTOR OFFICE, KOZHIKODE COLLECTORATE,.
CIVIL STATION P.O, KOZHIKODE,KERALA, PIN - 673020
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4 THE VILLAGE OFFICER,
CHEVAYUR VILLAGE OFFICE, KOZHIKODE-MYSORE-KOLLEGAL
HWY, PAROPPADI, KOZHIKODE, KERALA, PIN - 673012
5 THE PRINCIPAL AGRICULTURAL OFFICER,
KRISHI BHAVAN 5/283A, WAYANAD ROAD, ERANHIPAALAM,
KOZHIKODE, PIN - 673006
OTHER PRESENT:
GP SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 15869 of 2024
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Dated this the 3rd day of November, 2025
JUDGMENT
This writ petition is filed seeking the following reliefs:
"(i) To issue a Writ of Certiorari by quashing the
impugned illegal and arbitrary Exhibit P5 rejection order.
(ii) To issue a Writ of Mandamus or Direction or any
other appropriate Direction to the respondent to reconsider
the Exhibit P4 application filed by the petitioner in Form 5
under the Kerala Conservation of Paddy Land and Wetland
Act, 2008 and allow it in accordance with law within a
specified period of time
(iii) To grant such other and further relief which this
Hon'ble Court may deem fit and proper in the circumstances
of the case and to allow this Writ petition.
(iv) To dispense with the filing of the translation of
vernacular document produced with this writ petition " [SIC]
2. The petitioner is aggrieved by Ext.P5 order
passed by the 2nd respondent rejecting Form - 5 application
submitted by her under the Kerala Conservation of Paddy
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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 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 the statutory requirements. The impugned
order is passed by the authorised officer based on the report
of the Village Officer. Even though KSREC report is
available, the same is not properly considered by the
authorised officer. 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
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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:
1. Ext.P5 order is set aside.
2. The 2nd respondent/authorised officer is
directed to reconsider Ext.P4 Form - 5
application in accordance with law. The
authorised officer shall either conduct a
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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.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 03/11/25
Judgment dictated 03/11/25
Draft judgment placed 04/11/25
Final judgment uploaded 04/11/25
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APPENDIX OF WP(C) 15869/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE REGISTRATION DEED
2896/1 OF 2007 DATED 30-05-2007
REGISTERED IN CHEVAYUR SUB REGISTRATION
OFFICE
Exhibit P2 THE TRUE COPY OF THE REGISTRATION DEED
REGISTRATION DEED NO. 2894/1 OF 2007
DATED 30-05-2007 REGISTERED IN CHEVAYUR
SUB REGISTRATION OFFICE
Exhibit P3 THE TRUE COPY OF VARIOUS PHOTOGRAPHS OF
THE PROPERTY
Exhibit P3A THE TRUE COPY OF THE PROPOSED PLAN OF
RESIDENCE IN WARD NO. 33IN R.S. NO.
78/2C1 IN CHEVAYUR VILLAGE, CALICUT
Exhibit P4 THE TRUE COPY OF THE FORM NO. 5 DATED 27-
08-2022 FILED BY THE PETITIONER UNDER THE
THE KERALA CONSERVATION OF PADDY LAND AND
WETLAND ACT, 2008
Exhibit P5 THE TRUE COPY OF REJECTION ORDER DATED
12/12/2023 IN PROCEEDINGS NO 6185/23
ISSUED BY THE SECOND RESPONDENT SUB
COLLECTOR KOZHIKODE
Exhibit P6 THE TRUE COPY OF THE APPLICATION DATED 23
RD JANUARY 2024 FILED BY THE PETITIONER
BEFORE THE PUBLIC INFORMATION OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION , KOZHIKODE
Exhibit P7 THE TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE HIGH COURT OF KERALA IN WP(C) NO.
4282 OF 2024 DATED 6 FEBRUARY, 2024
