Kerala High Court
Sheela N L vs State Of Kerala on 3 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:83367
WP(C) NO. 40881 OF 2025
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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. 40881 OF 2025
PETITIONER:
SHEELA N L
AGED 58 YEARS
W/O BIJU VARGHESE REPRESENTED BY HER POWER OF
ATTORNEY HOLDER, BIJU VARGHESE, AGED 59 YEARS,
S/O A.V. THOMAS (LATE), ASSARIPARAMBIL (H),
POONTHOPPU WARD, ARYAD SOUTH (PART) AVALOOKUNNU
POST, ALAPPUZHA DISTRICT, PIN - 688006
BY ADVS.
SRI.AVANEESH KOYIKKARA
SMT.MANJUSHA K.U.
SHRI.ASHWIN SUNIL KUMAR
SHRI.FELIX JOHN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTER
REPRESENTED BY ITS DIRECTOR, 1ST FLOOR, C
BLOCK, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
VIKAS BHAVAN POST, THIRUVANANTHAPURAM DIST, PIN
- 695033
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WP(C) NO. 40881 OF 2025
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3 DEPUTY COLLECTOR (DM), ALAPPUZHA
COLLECTORATE ALAPPUZHA, ALAPPUZHA POST,
ALAPPUZHA DIST., PIN - 688001
4 REVENUE DIVISIONAL OFFICER ALAPPUZHA
REVENUE DIVISIONAL OFFICE ALAPPUZHA,ALAPPUZHA
POST, ALAPPUZHA DIST, PIN - 688001
5 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL
OFFICERKANJIKKUZHY, KRISHI BHAVAN, KANJIKKUZHY,
CHERTHALA, S N PURAM POST, ALAPPUZHA DIST, PIN
- 688525
6 AGRICULTURAL OFFICER KANJIKKUZHY
KRISHI BHAVANKANJIKKUZHY, CHERTHALA, S N PURAM
POST, ALAPPUZHA DIST, PIN - 688525
7 VILLAGE OFFICER KANJIKKUZHY
VILLAGE OFFICEKANJIKKUZHY,OPP. S N COLLEGE
CHERTHALA, S N PURAM POST,ALAPPUZHA DIST., PIN
- 688525
BY ADV SMT VIDYA KURIAKOSE, SR GOVERNMENT
PLEADER
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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WP(C) NO. 40881 OF 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.40881 of 2025
---------------------------------------------
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 or any other
appropriate writ, order, or direction, quashing Exhibit P4
Order as unjust and illegal;
ii. To issue a Writ of certiorari or any other
appropriate writ or, order, or direction, quashing Exhibit
P2 to the extent to which the land of the petitioner is
included as paddy land in the Data Bank prepared by the
5th respondent;
iii. To declare the land in question does not fall
under the purview of a paddy land or wet land defined in
the Act and therefore liable to be removed from the Data
Bank;
iv. To issue a writ of mandamus or any other
appropriate writ, order, or direction, commanding the 3rd
respondent to pass fresh orders removing the entries
regarding the petitioner's property from the Data Bank,
after strictly following the procedures prescribed in law
and take steps to publish an erratum notification in
Kerala Gazette for the same, within a time frame of two
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months or such period as this Hon'ble Court may fix;"
[SIC]
2. The petitioner is aggrieved by the order
passed by the 3rd respondent rejecting the Form-5
application submitted by her 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. Moreover, the
authorised officer has not considered whether the
exclusion of the property would prejudicially affect the
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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:
1. Ext.P4 order is set aside.
2. The 3rd respondent/authorised officer is directed
to reconsider Ext.P3 Form - 5 application in
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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.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
Mn
Judgment reserved NA
Date of Judgment 03.11.2025
Judgment dictated 03.11.2025
Draft Judgment placed 04.11.2025
Final Judgment uploaded
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WP(C) NO. 40881 OF 2025
APPENDIX OF WP(C) 40881/2025
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE LAND TAX RECEIPT DATED
05.04.2024
Exhibit P2 A COPY OF THE RELEVANT PAGE OF THE
DATA BANK PUBLISHED ON 30.06.2020
Exhibit P3 A COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT, DATED 18.03.2024
Exhibit P4 THE TRUE COPY OF THE ORDER NO.
746/2024 DATED 05.11.2024 ISSUED BY
THE 3RD RESPONDENT
Exhibit P5 A COPY OF THE LETTER DATED 19.03.2024,
FMB, AND FEE CHALLAN SUBMITTED BY THE
PETITIONER BEFORE THE 6TH RESPONDENT
Exhibit P6 A COPY OF THE LETTER SUBMITTED BY THE
PETITIONER TO THE 4TH RESPONDENT,
DATED 01.04.2024
