Kerala High Court
Selvakumar C R vs The Revenue Divisional Officer, ... on 3 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:83333
WP(C) NO. 40855 OF 2025
1
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. 40855 OF 2025
PETITIONER:
SELVAKUMAR C R
AGED 63 YEARS
S/O. RAMAKRISHNAN, RESIDING AT 'KARUKODI
MANNAM', VADAKKANTHARA P.O, PALAKKAD DISTRICT,
PIN - 678012
BY ADVS.
SHRI.JACOB SEBASTIAN
SMT.SHAMSEERA. C.ASHRAF
SHRI.WINSTON K.V
SMT.ANU JACOB
SMT.ANJANA KRISHNAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, PALAKKAD
REVENUE DIVISIONAL OFFICE, PARAKKUNNAM P.O,
PALAKKAD DISTRICT, PIN - 678001
2 THE VILLAGE OFFICER
KANNDI-1 VILLAGE OFFICE, KANNADI P.O, PALAKKAD
DISTRICT, PIN - 678701
3 THE AGRICULTURAL OFFICER FOR THE KANNADI GRAMA
PANCHAYAT
KRISHIBHAVAN, KANNADI P.O, PALAKKAD DISTRICT,
PIN - 678701
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. 40855 OF 2025
2
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.40855 of 2025
---------------------------------------------
Dated this the 3rd day of November, 2025.
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"I. Quash Exhibits-P7 to P11 issuing a writ in the
nature of certiorari,
II. Direct the first respondent to delete the
0.1824 hectors of land comprised in Block No. 51, Survey
Numbers 773/1, 773/33, 773/35, 773/36, 773/37, 773/38,
773/43 in Kannadi-I Village, Palakkad Taluk & Palakkad
District from the data bank for the area,
III. Direct the first respondent to reconsider and
pass appropriate orders on the applications for
correction of the mistake in the data bank submitted by
the petitioner afresh after conducting a physical
inspection of the plot and in view of the relevant
provisions and government orders,
IV. Declare that 0.1824 hectors of land
comprised in Block No. 51, Survey Numbers 773/1,
773/33, 773/35, 773/36, 773/37, 773/38, 773/43 in
Kannadi-I Village, Palakkad Taluk & Palakkad District is
not a land to be included in the data bank for the area,"
[SIC]
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WP(C) NO. 40855 OF 2025
2. The petitioner is aggrieved by the order
passed by the 1st respondent rejecting the Form-5
applications 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
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 surrounding paddy
fields.
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WP(C) NO. 40855 OF 2025
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. Exts.P7 to P11 orders are set aside.
2. The 1st respondent/authorised officer is directed
to reconsider Exts.P1 to P5 Form - 5 applications
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WP(C) NO. 40855 OF 2025
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 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 05.11.2025
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WP(C) NO. 40855 OF 2025
APPENDIX OF WP(C) 40855/2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE APPLICATION DATED
23.05.2025 SUBMITTED BY THE PETITIONER
RELATING TO THE EXTENT OF 0.0340 HECTORS OF
LAND IN SURVEY NUMBERS 773/1, 773/37 AND
773/38 BEFORE THE FIRST RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE APPLICATION DATED
23.05.2025 SUBMITTED BY THE PETITIONER
RELATING TO THE EXTENT OF 0.0372 HECTORS OF
LAND IN SURVEY NUMBER 773/33 BEFORE THE
FIRST RESPONDENT.
Exhibit-P3 A TRUE COPY OF THE APPLICATION DATED
23.05.2025 SUBMITTED BY THE PETITIONER
RELATING TO THE EXTENT OF 0.0465 HECTORS OF
LAND IN SURVEY NUMBER 773/35 BEFORE THE
FIRST RESPONDENT.
Exhibit-P4 A TRUE COPY OF THE APPLICATION DATED
23.05.2025 SUBMITTED BY THE PETITIONER
RELATING TO THE EXTENT OF 0.0380 HECTORS OF
LAND IN SURVEY NUMBER 773/36 BEFORE THE
FIRST RESPONDENT.
Exhibit-P5 A TRUE COPY OF THE APPLICATION DATED
23.05.2025 SUBMITTED BY THE PETITIONER
RELATING TO THE EXTENT OF 0.0267 HECTORS OF
LAND IN SURVEY NUMBER 773/43 BEFORE THE
FIRST RESPONDENT.
Exhibit-P6 A TRUE COPY OF THE JUDGMENT DATED 23.06.2025
IN W.P.(C) NO. 20283 OF 2025 OF THIS
HONOURABLE COURT.
Exhibit-P7 A TRUE COPY OF THE ORDER NO. 3627/2025 DATED
19.09.2025 ISSUED BY THE FIRST RESPONDENT.
Exhibit-P8 A TRUE COPY OF THE ORDER NO. 3630/2025 DATED
13.10.2025 ISSUED BY THE FIRST RESPONDENT.
Exhibit-P9 A TRUE COPY OF THE ORDER NO. 3631/2025 DATED
13.10.2025 ISSUED BY THE FIRST RESPONDENT.
Exhibit-P10 A TRUE COPY OF THE ORDER NO. 3633/2025 DATED
13.10.2025 ISSUED BY THE FIRST RESPONDENT.
Exhibit-P11 A TRUE COPY OF THE ORDER NO. 3636/2025 DATED
19.09.2025 ISSUED BY THE FIRST RESPONDENT.
