2. Issue a writ of mandamus or any other appropriate
writ, order or direction to the fifth respondent to
consider and dispose the application under form 5
submitted by the petitioner afresh and thereby issue an
order directing to remove the entry regarding the land of
petitioner from the data bank after giving an opportunity
to the petitioner for personal hearing in the subject
matter and only after adhering the guidelines stated in
Kerala Conservation of Paddy land and Wet Land act
2008 and its rules to keep a property in the data bank
and after verifying the satellite image and report from
the sixth respondent within a reasonable period which
this honourable court may deem fit and proper in the
interest of justice and circumstances of the case.
2025:KER:83199
3. Such other writ, order or direction which this
Honorable Court may deem fit and proper in the interest
of justice and circumstances of the case.
And
4. Dispense with filing of translation of vernacular
documents produced along with writ petition." [SIC]
2. The petitioner is aggrieved by Ext.P2 order
passed by the 5th respondent rejecting the 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
2025:KER:83199
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.P2 order is set aside.
2. The 5th respondent / authorised officer is directed
to reconsider the 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
2025:KER:83199
APPENDIX OF WP(C) 40920/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
11.7.2024 ISSUED BY THE VILLAGE
OFFICER, KILLANNUR VILLAGE
Exhibit P2 TRUE COPY OF THE ORDER DATED 10.9.2024
ISSUED BY THE FIFTH RESPONDENT
Exhibit P3 TRUE COPY OF THE DATA BANK DATED
16.1.2021 IN CONNECTION WITH THE
PROPERTY OF THE PETITIONER
