Kerala High Court
Akhil P.A vs State Of Kerala on 4 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.40941 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. 40941 OF 2025
PETITIONER(S):
AKHIL P.A
AGED 29 YEARS, S/O AYYAPPAN EZHUTHACHAN, PARAMEL
HOUSE,PO THAYYUR, VELUR, THRISSUR DISTRICT,
PIN - 680584
BY ADVS.
SRI.SUMODH MADHAVAN NAIR
SMT.S.AGILA
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR
FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR
DISTRICT, PIN - 680003
3 REVENUE DIVISIONAL OFFICER
FIRSTFLOOR, CIVILSTATION, CIVIL LINES ROAD,
AYYANTHOLE, THRISSUR, KERALA, PIN - 680003
4 THE TAHSILDAR(L.R)
KUNNAMKULAM TALUK OFFICE MINI CIVIL STATION,
THRISSUR, PIN - 680022
5 VILLAGE OFFICER
VILLAGE OFFICE, THAYYUR,VELUR GRAMA PANCHAYAT,
THRISSUR, PIN - 680584
6 AGRICULTURAL OFFICER
VELUR KRISHI BHAVAN, VELUR GRAMA PANCHAYAT
BUILDING, VELUR, THRISSUR, PIN - 680601
W.P.(C) No.40941 of 2025
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7 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER/AGRICULTURAL OFFICER
VELUR KRISHI BHAVAN, VELUR GRAMA PANCHAYAT
BUILDING, VELUR, THRISSUR, PIN - 680601
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.40941 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.40941 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 Ext P4 rejection order
dated 5/8/2024 passed by the 3rd respondent in respect
of the petitioner's Form 5 application under Section 27A
of the Kerala Conservation of Paddy Land and Wetland
Act, 2008;
ii. To Issue a Writ of Mandamus or any other appropriate
writ, order or direction directing the respondents to
reconsider and pass fresh orders on the petitioner's
Form 5 application in accordance with law and within a
time frame fixed by this Hon'ble Court;
iii. Grant such other relief as this Hon'ble Court may
consider just and proper in the interest of justice,
including costs.
And
iv. To dispense with English translation of the Malayalam
documents" [SIC]
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2. The petitioner is aggrieved by Ext.P4 order
passed by the 3rd respondent rejecting Ext.P2 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
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
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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
in the above judgments. Therefore, I am of the
considered opinion that the impugned order is to be set
aside.
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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.P2 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 the property,
the application shall be considered and
disposed of within two months from the date of
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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) 40941/2025
PETITIONER EXHIBITS
Exhibit - P1 TRUE COPY OF THE BASIC TAX RECEIPT NO.
KL08072602092/2025 DATED 3/7/2025 IN
THE NAME OF THE PETITIONER ,ISSUED BY
THE 5TH RESPONDENT
Exhibit - P2 A TRUE COPY OF THE FORM 5 APPLICATION
PREFERRED BEFORE THE 3RD RESPONDENT
DATED 21/3/ 2023
Exhibit - P3 A TRUE COPY OF THE RECEIPT
NO :KL08072600279/2013 EVIDENCING THE
RECEIPT OF EXT P2 DATED 21/3/2023
Exhibit - P4 A TRUE COPY OF THE REJECTION ORDER
BEARING FILE NO 9055/2024, PASSED BY
THE 3RD RESPONDENT.AND DATED 5/8/2024
Exhibit - P 5 ORIGINAL PHOTOGRAPHS EVIDENCING THE
NATURE OF THE LAND
