Kerala High Court
Kuttykrishna Pillai vs The Revenue Divisional Officer on 27 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 38089 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 27TH DAY OF OCTOBER 2025 / 5TH KARTHIKA, 1947
WP(C) NO. 38089 OF 2024
PETITIONER(S):
KUTTYKRISHNA PILLAI,
AGED 74 YEARS
S/O NEELAKANDA PILLAI, MANIMALA HOUSE,
RAMAPURAM P.O, PALA, KOTTAYAM DISTRICT,
PIN - 686576
BY ADVS.
SRI.P.K.SOYUZ
SRI.E.V.BABYCHAN
RESPONDENT(S):
1 THE REVENUE DIVISIONAL OFFICER,
PALA RDO OFFICE, MINI CIVIL STATION, PALA,
KOTTAYAM DISTRICT, PIN - 686575
2 DEPUTY COLLECTOR(L.A),
KOTTAYAM CIVIL STATION, COLLECTORATE P.O,
KOTTAYAM DISTRICT, PIN - 686002
3 AGRICULTURAL OFFICER,
KRISHI BHAVAN, RAMAPURAM GRAMA PANCHAYATH,
RAMAPURAM P.O, PALA, KOTTAYAM DISTRICT,
PIN - 686576
4 THE VILLAGE OFFICER,
RAMAPURAM VILLAGE, VILLAGE OFFICE, RAMAPURAM
P.O., PALA, KOTTAYAM DISTRICT, PIN - 686576
W.P.(C) No. 38089 of 2024
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5 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTER `C' BLOCK, VIKAS BHAVAN,
THIRUVANTHAPURAM, PIN - 695033
BY ADV. GP SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 38089 of 2024
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 38089 of 2024
-----------------------------------------------------
Dated this the 27th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i) issue a writ of certiorari or any appropriate writ,
order or direction calling for the records leading to Ext.
P4 order and quash the same
ii) issue a writ of mandamus or any other
appropriate writ, order or direction commanding the
2nd respondent to reconsider Ext.P3 application in
form No. 5, after obtaining report from the 5th
respondent KSREC and in the light of the Judgments in
Adani lnfrastructures and Developers Pvt. Ltd. V. State
Kerala, 2014 (1) KLT 774, Lalu V. State of Kerala
2020(5) KLT 712 , Joy V. Revenue Divisional officer /
Sub collector, 2021 (1) KLT 433 , Arthasasthra
Ventures (India ) LLP V. state of Kerala , 2022 (7) KHC
561 and in Mureleedharan Nair R V. RDO 2023 (4 ) KHC
524. Aparna Sasi lvlenon V. RDO , 2023 (6) KHC 83 and
direct to make necessary corrections in Ext P2 data
bank by deleting 34.50 Ares ofland comprised in 480/3
& 480/5 in Block No. 26 of Ramapuram Village , from
the data bank.
iii) Grant such other reliefs as this Hon'ble Court
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deems fit and proper in the circumstances of this case
including the cost of this Writ Petition.
iv) To dispense with filing of the translation of
vernacular documents."[SIC]
2. The petitioner is aggrieved by the order
passed by the 1st respondent rejecting the Form-5
application submitted by him 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
based on the reports of the Agricultural Officer and the
Village Officer. There is no indication in the order that
the authorised officer has directly inspected the
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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 in accordance with the principle laid down by this
Court in the above judgments. Therefore, I am of the
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considered opinion that the impugned order is to be set
aside.
Therefore, this Writ Petition is allowed in the
following manner:
1. Ext.P4 order is set aside.
2. The 2nd respondent/authorised officer is
directed to reconsider Ext.P3 Form - 5
application 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
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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
DM
Judgment reserved NA
Date of Judgment 27.10.2025
Judgment dictated 27.10.2025
Draft Judgment placed 27.10.2025
Final Judgment uploaded 28.10.2025
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APPENDIX OF WP(C) 38089/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT
DATED 11.04.2024 OF THE PETITIONER'S
LAND ISSUED BY THE 4TH RESPONDENT
VILLAGE OFFICER
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGE OF
NOTIFIED DATA BANK OF RAMAPURAM GRAMA
PANCHAYATH DATED 18.01.2021
EXHIBIT P3 A TRUE COPY OF THE APPLICATION DATED
26.05.2020 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED
15.01.2021 ISSUED BY THE 1ST
RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE CIRCULAR NO. REV-
P1/149/2023 -REV DATED 25.03.2024
