Kerala High Court
Saiprasad K vs State Of Kerala on 3 November, 2025
Author: C.S.Dias
Bench: C.S.Dias
W.P.(C) No. 28410 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 3RD DAY OF NOVEMBER 2025 / 12TH KARTHIKA, 1947
WP(C) NO. 28410 OF 2025
PETITIONER(S):
SAIPRASAD K
AGED 55 YEARS
A14C, COSMIA, REGAL COUNTY APARTMENTS,
KUNNUMPURAM, NEAR NGO QUARTERS, THRIKKAKARA,
KOCHI, PIN - 682021
BY ADVS.
SRI.BENOY K.KADAVAN
SMT.SHILPA MIRIAM VERGHESE
SHRI.AKHIL R. MENON
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, PALAKKAD,
PIN - 678001
3 AGRICULTURAL OFICER
KRISHI BHAVAN, PUTHUSSERY, PALAKKAD DISTRICT,,
PIN - 678623
4 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE (KSREC)
REPRESENTED BY ITS DIRECTOR, 1ST FLOOR, VIKAS
BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY
OF KERALA SENATE HOUSE CAMPUS, PMG,
W.P.(C) No. 28410 of 2025
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THIRUVANANTHAPURAM, KERALA, PIN - 695033
BY ADV.
SRI.JIBU T.S., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 28410 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 28410 of 2025
------------------------------------------------
Dated this the 03rd day of November, 2025.
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"I. Issue a writ of certiorari or any other appropriate
writ, order or direction, calling for the records leading to
the Exhibit P3 rejection order passed by the 2 nd
respondent and quash the same as arbitrary, illegal and
unsustainable in law;
II. Issue a writ of mandamus or any other
appropriate writ, order or direction, commanding the 2 nd
respondent Revenue Divisional Officer, Palakkad, to
reconsider the petitioner's Form 5 application under the
Kerala Conservation of Paddy Land and Wetland Rules,
2008, afresh , after seeking a report from Kerala State
Remote Sensing and Environment Centre in accordance
with law, and verification of satellite images, and taking
into consideration the present physical condition of the
land and the binding decisions of this Hon'ble Court
within a time frame as fixed by this Honourable Court.
III. Declare that the action of the 3rd respondent
Agricultural Officer in issuing Exhibit P4, without proper
enquiry, without considering the actual physical
condition of the property, and without application of
mind, is arbitrary, erroneous, and legally unsustainable;
IV. Issue a writ of mandamus or other appropriate
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direction to the respondents to take necessary steps to
remove the petitioner's property from the Land Data
Bank, if found eligible upon proper verification;
V. Pass such other orders or directions as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case."[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 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
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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
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aside.
Therefore, this Writ Petition is allowed in the
following manner:
1. Ext.P3 order is set aside.
2. The 2nd respondent/authorised officer is
directed to reconsider the Form - 5
application submitted by the petitioner 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
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months from the date of production of a
copy of this judgment by the petitioner.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
DM
Judgment reserved NA
Date of Judgment 03.11.2025
Judgment dictated 03.11.2025
Draft Judgment placed 03.11.2025
Final Judgment uploaded 04.11.2025
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APPENDIX OF WP(C) 28410/2025
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE REGISTERED SALE DEED
DATED 30.05.2013
EXHIBIT-P2 TRUE COPY OF THE LAND TAX RECEIPT FOR
THE YEAR 2025-26 DATED 22.07.2025
EXHIBIT-P3 TRUE COPY OF THE REJECTION ORDER DATED
04.02.2023 ISSUED BY THE REVENUE
DIVISIONAL OFFICER, PALAKKAD.
EXHIBIT-P4 TRUE COPY OF THE REPORT DATED
09.12.2022 ISSUED BY THE AGRICULTURAL
OFFICER, PUTHUSSERY, KRISHI BHAVAN.
EXHIBIT-P5 PHOTOGRAPHS OF THE PROPERTY
