Kerala High Court
C J Cherian vs State Of Kerala on 4 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.40980 of 2025
1
2025:KER:83375
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. 40980 OF 2025
PETITIONER(S):
C J CHERIAN
AGED 70 YEARS, S/O JOSEPH (LATE) CHELLAMKOTTU
HOUSE, NEYYOOR, MUTHOLY POST,KOTTAYAM DIST.,,
PIN - 686573
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,
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 DEPUTY COLLECTOR (LA), KOTTAYAM
COLLECTORATE KOTTAYAM, CIVIL STATION, COLLECTORATE
POST, KOTTAYAM DIST, PIN - 686002
4 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER
KOZHUVANAL, KRISHI BHAVAN KOZHUVANAL, KOZHUVANAL
POST, KOTTAYAM DIST., PIN - 686573
5 AGRICULTURAL OFFICER, KOZHUVANAL,
KRISHI BHAVAN, KOZHUVANAL, KOZHUVANAL POST,
KOTTAYAM DIST, PIN - 686573
W.P.(C) No.40980 of 2025
2
2025:KER:83375
6 VILLAGE OFFICER PULIYANNOOR
VILLAGE OFFICE PULIYANNOOR, MUTHOLY POST, KOTTAYAM
DIST, PIN - 686573
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.40980 of 2025
3
2025:KER:83375
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.40980 of 2025
------------------------------------------------------
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 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
2025:KER:83375
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.
There is no indication in the order that the authorised
officer has directly inspected the property or called for
2025:KER:83375
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
2025:KER:83375
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
2025:KER:83375
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
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
2025:KER:83375
APPENDIX OF WP(C) 40980/2025
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE LAND TAX RECEIPT DATED
26.04.2025
Exhibit P2 A COPY OF THE RELEVANT PAGE OF THE
DATA BANK PUBLISHED ON 01.02.2021
Exhibit P3 A COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT, DATED 29.08.2024
Exhibit P4 THE TRUE COPY OF THE ORDER NO. 54/2025
DATED 06.02.2025
Exhibit P5 A COPY OF THE LETTER DATED 24.06.2025,
FMB, AND FEE CHALLAN SUBMITTED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT
Exhibit P6 A COPY OF THE LETTER DATED 03.07.2025
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT
