Kerala High Court
Alex Payyappilly Lonappan vs State Of Kerala on 27 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:80131
WP(C) NO. 39948 OF 2025
1
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. 39948 OF 2025
PETITIONER/S:
ALEX PAYYAPPILLY LONAPPAN
AGED 42 YEARS
S/O LONAPPAN, PAYYAPPILLY HOUSE, REPRESENTED BY
HIS POWER OF ATTORNEY HOLDER, P.P LONAPPAN,
AGED 74 YEARS, S/O PAVU, PAYYAPPILLY HOUSE,
MUTHRATHIKKARA, PARAPPUKKARA, P.O, THRISSUR
DISTRICT, PIN - 680310
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 DIST.,
PIN - 695001
2 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE
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
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WP(C) NO. 39948 OF 2025
2
3 DEPUTY COLLECTOR ( LA), THRISSUR
THRISSUR COLLECTORATE, AYYANTHOLE POST, THRISSUR
DIST., PIN - 680003
4 REVENUE DIVISIONAL OFFICER, IRINJALAKUDA
REVENUE DIVISIONAL OFFICE, IRINJALAKUDA, NORTH
IRINJALAKUDA POST, THRISSUR DISTRICT, PIN -
680125
5 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL
OFFICER, PARAPPOOKKARA, KRISHI BHAVAN,
PARAPPOOKKARA, PARAPPOOKKARA POST, THRISSUR
DIST., PIN - 680310
6 AGRICULTURAL OFFICER, PARAPPOOKKARA
KRISHI BHAVAN, PARAPPOOKKARA, PARAPPOOKKARA POST,
THRISSUR DIST., PIN - 680310
7 VILLAGE OFFICER, PARAPPOOKKARA
VILLAGE OFFICE, PARAPPOOKKARA, PARAPPOOKKARA
POST, THRISSUR DIST., PIN - 680310
SMT.DEEPA V, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 39948 OF 2025
3
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(C.).No.39948 of 2025
----------------------------------------------
Dated this the 27th day of October, 2025
JUDGMENT
This writ petition is filed with following prayers:
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 or, 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 5th 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
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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 in the vernacular language.
vii. Award cost.
(SIC)
2. The petitioner is aggrieved by the order passed by
the 4th 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
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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 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
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the 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 4th 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 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
JV
Judgment reserved NA
Date of Judgment 27.10.2025
Judgment dictated 27.10.2025
Draft Judgment placed 27.10.2025
Final Judgment 28.10.2025
uploaded
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APPENDIX OF WP(C) 39948/2025
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE LAND TAX RECEIPT DATED
10.03.2025 ISSUED BY THE PARAPPOOKKARA
VILLAGE OFFICER
Exhibit P2 A COPY OF THE RELEVANT PAGE OF THE DATA
BANK PUBLISHED ON 03.02.2021
Exhibit P3 A COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT, DATED 12.12.2022, ALONG
WITH THE FEE RECEIPT DATED 20.12.2022
Exhibit P4 THE TRUE COPY OF THE ORDER NO.
4066/2023 DATED 16.06.2023 ISSUED BY
THE 4TH RESPONDENT
Exhibit P5 A COPY OF THE LETTER DATED 27.05.2025,
FMB, AND FEE CHALLAN SUBMITTED BY THE
PETITIONER BEFORE THE 6TH RESPONDENT
Exhibit P6 A COPY OF THE LETTER DATED 19.06.2025
SUBMITTED BEFORE THE 3RD RESPONDENT
Exhibit P7 A COPY OF THE PETITIONER'S LETTER DATED
21.04.2025, SUBMITTED TO THE 3RD
RESPONDENT FOR DETERMINATION OF THE
NATURE OF THE LAND
