Kerala High Court
Basheer Palakkal vs The District Collector on 4 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.13195 of 2024
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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. 13195 OF 2024
PETITIONER(S):
BASHEER PALAKKAL,
AGED 57 YEARS, S/O ALIKUTTY HAJI, PANTHEERPADAM,
KUNNAMANGALAM, P.O. KUNNAMANGALAM, KOZHIKODE
DISTRICT, PIN - 673571
BY ADVS.
SHRI.V.N.RAMESAN NAMBISAN
SRI.BENOY SASI
RESPONDENT(S):
1 THE DISTRICT COLLECTOR,
KOZHIKODE, PIN - 673020
2 THE REVENUE DIVISIONAL OFFICER,
VADAKARA, KOZHIKODE DISTRICT, PIN - 673101
3 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KOYILANDY, KOZHIKODE DISTRICT,
PIN - 673305
4 THE VILLAGE OFFICER,
PANTHALAYANI, KOYILANDY, KOZHIKODE DISTRICT,
PIN - 673305
BY ADV.:
GP, SMT PREETHA K K
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.13195 of 2024
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.13195 of 2024
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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 and set aside Ext-P5 order of the 2nd
respondent Revenue Divisional Officer, Vadakara;
(ii) to declare that going by the definition of 'paddy land'
defined under Section 2(xii) of the Kerala Conservation of
Paddy Land and Wetland Act, 2008 and the law laid down by
the Hon'ble Court in 2014 (3) KLT 678 (DB) and 2016 (1) KHC
162, the finding in Ext-P5 order that the land was not wrongly
included in the Ext-P4 Data Bank and therefore need not
remove from the Data Bank is not correct in law and requires
interference;
(iii) to declare that the 3rd respondent Agricultural Officer has
submitted the report which is referred as item No.3 in Ext-P5
order of the 2nd respondent, was submitted behind the back
of the petitioner, no copy of the same was supplied even
after repeated request and in total violation of the principles
of natural justice;
(iv) to issue a writ of mandamus or any other appropriate
writ, order or direction and command the 2nd respondent to
pass an order afresh on Ext-P2 Form-5 application forthwith;
(v) to dispense with filing of the translation of vernacular
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documents;
and
(vi) to grant such other and further relief as this Honorable
Court may consider just and proper in the facts and
circumstances of the case." [SIC]
2. The petitioner is aggrieved by Ext.P5 order
passed by the 2nd 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
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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
exclusion from the data bank. The impugned order is not
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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.P5 order is set aside.
2. The 2nd 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
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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
nvj
Judgment reserved NA
Date of Judgment 04.11.2025
Judgment dictated 04.11.2025
Draft Judgment placed 05.11.2025
Final Judgment uploaded 06.11.2025
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APPENDIX OF WP(C) 13195/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT NO.
KL11020600805/2024 DATED 01.02.2024
ISSUED BY THE VILLAGE OFFICE,
PANTHALAYANI TO THE PETITIONER.
Exhibit P2 TRUE COPY OF THE FORM-5 APPLICATION
DATED 26.07.2021 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P3 PHOTOGRAPHS OF THE LANDED PROPERTY OF
THE PETITIONER.
Exhibit P4 TRUE COPY OF THE RELEVANT TWO PAGES OF
THE DATA BANK SHOWING THE DETAILS OF
PROPERTY COMPRISED IN R.S. NO. 123 AND
SUB-DIVISIONS OF PANTHALAYANI VILLAGE,
ISSUED BY THE 3RD RESPONDENT DATED
28.02.2024.
Exhibit P5 TRUE COPY OF THE ORDER
NO.RDOVDK/3644/22-F3 DATED 17.06.2022
OF THE 2ND RESPONDENT.
