Kerala High Court
Asha vs The District Collector on 3 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 21640 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. 21640 OF 2024
PETITIONER/S:
ASHA,
AGED 52 YEARS
W/O. GOPAKUMAR, RESIDING AT GURU SOOKTHAM,
KARUVISSERY P.O., KOZHIKODE DISTRICT, PIN - 673010
BY ADVS.
SRI.K.V.JAYADEEP MENON
SRI.B.JAYASANKER
SRI.T.P.RAMESH (THENGUMPILLIL)
SMT.P.KRISHNAPRIYA
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, ERANHIPPALAM, KOZHIKODE
DISTRICT, PIN - 673020
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, CIVIL
STATION, ERANHIPPALAM, KOZHIKODE DISTRICT, PIN -
673020
3 THE VILLAGE OFFICER,
KAKKODI VILLAGE OFFICE, NEAR PANCHAYATH OFFICE,
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KAKKODI, KOZHIKODE DISTRICT, PIN - 673611
4 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KAKKODI, KOZHIKODE BALUSERRY ROAD,
KOZHIKODE DISTRICT,, PIN - 673611
OTHER PRESENT:
GP SRI JIBU T S
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. 21640 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 pass a writ in the nature of Certiorari quashing
Exhibit -P7 Order of the 2nd respondent since it is against the
procedure as envisaged under the Kerala Conservation of
Paddy Land and Wet Land Act, 2008 and to reconsider the
Form - 5 application of the petitioner by conducting site
inspection within a time frame as may be decided by this
Honourable Court.
ii. Issue any other appropriate writ, order or direction as
the case may be as this Honourable Court deems fit and
necessary in the interest of justice.
iii. Pleased to dispense with English translation of the
documents produced herewith.
iv. Award costs to the petitioners "[SIC]
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2. The petitioner is aggrieved by Ext.P7 order
passed by the 2nd respondent rejecting 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 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 office based on the report of the
Agricultural 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
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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:
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1. Ext.P7 order is set aside.
2. The 2nd respondent/authorised officer is
directed to reconsider Form - 5 application in
accordance with 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
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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) 21640/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE PHOTOCOPY OF THE PARTITION DEED NO.
1236/2020 OF S.R.O; KAKKODI DATED
24.08.2020.
Exhibit-P2 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT
DATED 16.01.2024 ISSUED FROM THE VILLAGE
OFFICE KAKKODI
Exhibit-P3 TRUE PHOTOCOPY OF THE SALE DEED NO.
1286/2013 OF S.R.O; KAKKODI DATED
04.04.2013
Exhibit-P4 TRUE PHOTOCOPY OF THE REPORT OF THE 3RD
RESPONDENT DATED 25.05.2022
Exhibit-P5 TRUE PHOTOCOPY OF THE LETTER DATED 27.10.2022
SEND BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit-P6 TRUE PHOTOCOPY OF THE KSREC REPORT SUBMITTED
TO THE 4TH RESPONDENT BY THE KERALA STATE
REMOTE SENSING & ENVIRONMENT CENTRE,
THIRUVANANTHAPURAM DATED 12.01.2023
Exhibit-P7 TRUE PHOTOCOPY OF THE ORDER PASSED BY THE 2ND
RESPONDENT DATED 25.01.2023 REJECTION FORM -5
APPLICATION SUBMITTED BY THE PETITIONER
Exhibit-P8 TRUE PHOTOCOPY OF THE LETTER DATED 09.07.2023
ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER
Exhibit-P9 TRUE PHOTOCOPY OF THE ORDER DATED 13.10.2022
PASSED BY THE 2ND RESPONDENT ALLOWING FORM 5
APPLICATION OF SMT. PADMINI
Exhibit-P10 TRUE PHOTOCOPY OF THE ORDER DATED 01.08.2022
PASSED BY THE 2ND RESPONDENT ALLOWING FORM 5
APPLICATION OF MR. SURENDRAN
Exhibit-11 TRUE PHOTOGRAPHS OF THE PROPERTY OF THE
PETITIONER
