Kerala High Court
Haneefa vs State Of Kerala on 4 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.40849 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 4TH DAY OF NOVEMBER 2025 / 13TH KARTHIKA, 1947
WP(C) NO. 40849 OF 2025
PETITIONER(S):
HANEEFA
AGED 50 YEARS, KUNNATHUM PADIYAN HOUSE,
PADIJAKKARA, KOTTAKKAL POST, MALAPPURAM DIST.,
PIN - 676503
BY ADVS.
SRI.AVANEESH KOYIKKARA
SMT.MANJUSHA K.U.
SHRI.ASHWIN SUNIL KUMAR
SHRI.FELIX JOHN
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DIST.,
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
3 REVENUE DIVISIONAL OFFICER TIRUR
REVENUE DIVISIONAL OFFICE TIRUR, TIRUR POST,
MALAPPURAM DIST., PIN - 676101
4 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KOTTAKKAL, KRISHI BHAVAN, KOTTAKKAL, KOTTAKKAL
POST, MALAPPURAM DIST., PIN - 676503
W.P.(C) No.40849 of 2025
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5 AGRICULTURAL OFFICER KOTTAKKAL
KRISHI BHAVAN, KOTTAKKAL, KOTTAKKAL POST,
MALAPPURAM DIST., PIN - 676503
6 VILLAGE OFFICER KOTTAKKAL
VILLAGE OFFICE, KOTTAKKAL, KOTTAKKAL POST,
MALAPPURAM DIST., PIN - 676503
BY ADV.:
SR GP, SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.40849 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.40849 of 2025
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Dated this the 04th 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, 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 4th
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;
v. Pass any other orders or directions that this Hon'ble
Court may deem fit and proper in the interest of Justice.
vi. Dispense with the translation of the documents
produced in the vernacular language.
And
vii. Award cost" [SIC]
2. The petitioner is aggrieved by Ext.P4 order
passed by the 3rd respondent rejecting Ext.P3 Form-5
application submitted by the petitioner 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.
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There is no indication in the order that the authorised
officer has directly inspected the property or called for
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
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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(C) 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 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
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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
nvj
Judgment reserved NA
Date of Judgment 04.11.2025
Judgment dictated 04.11.2025
Draft Judgment placed 04.11.2025
Final Judgment uploaded 05.11.2025
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APPENDIX OF WP(C) 40849/2025
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE LAND TAX RECEIPT DATED
20.08.2024 ISSUED BY THE KOTTAKKAL
VILLAGE OFFICER
Exhibit P2 A COPY OF THE RELEVANT PAGE OF THE
DATA BANK PUBLISHED ON 24.03.2012
Exhibit P3 A COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT, DATED 26.10.2024,
ALONG WITH THE FEE RECEIPT
Exhibit P4 THE TRUE COPY OF THE ORDER NO.
796/2025 DATED 02.03.2025 ISSUED BY
THE 3RD RESPONDENT
Exhibit P5 A COPY OF THE LETTER DATED 29.10.2024,
FMB, AND FEE CHALLAN SUBMITTED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT
Exhibit P6 A COPY OF THE LETTER DATED 06.11.2024
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT
Exhibit P7 A TRUE COPY OF THE FLEXIBLE
SIGMOIDOSCOPY REPORT DATED 07.09.2023
ISSUED BY BABY MEMORIAL HOSPITAL,
KOZHIKODE
