Kerala High Court
Jose vs State Of Kerala on 27 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 31530 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. 31530 OF 2024
PETITIONER(S):
1 JOSE,
AGED 66 YEARS
S/O DEVASSY, THAROOKKARA (H), THRISSUR TALUK,
AYYANTHOLE VILLAGE, MANNUTHY P.O.,THRISSUR,
PIN - 670303
2 PRINCY JOSE,
AGED 60 YEARS
W/O JOSE, THRISSUR TALUK, AYYANTHOLE
VILLAGE,MANNUTHY P.O, THRISSUR, PIN - 670303
BY ADVS.
SHRI.JERRY MATHEW
SMT.DEVIKA K.R.
RESPONDENT(S):
1 STATE OF KERALA,
REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF
KERALA, PIN - 682031
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER CIVIL
LANE RD, AYYANTHOLE P.O, THRISSUR, PIN - 680003
3 THE LOCAL LEVEL MONITORING COMMITTEE,
VALLAPPUZHA GRAMA PANCHAYATH, REPRESENTED BY ITS
CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN,
AYYANTHOLE PUTHOOKKARA,THRISSUR,
PIN - 680012
W.P.(C) No. 31530 of 2024
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4 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, REPRESENTED BY ITS DIRECTOR, VIKAS
BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF
KERALA SENATE HOUSE CAMPUS, PMG ,
THIRUVANANTHAPURAM, KERALA, PIN : 695 003. ( IS
IMPLEADED AS ADDL.R4 IN WP(C) 31530/2024 AS PER
ORDER DATED 29.01.2025 IN IA.1/2025 IN WP(C)
31530/2024)
BY ADV. GP SMT JESSY S SALIM
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. 31530 of 2024
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 31530 of 2024
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Dated this the 27th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following reliefs:
"(i) Issue a writ, order or direction in the nature of
certiorari or any other appropriate writ calling for the
records leading to Ext-P5 order passed by the 2nd
respondent and examine the same and quash the same by
holding it as illegal, unsustainable and unfounded in the
facts and circumstances.
(ii) Issue a writ, order or direction in the nature of
certiorari or any other appropriate writ calling for all records
leading to Ext-P5 decision taken by the 3rd respondent,
examine the same and quash the same as illegal.
(iii) Issue a writ, order or direction in the nature of
mandamus or any other appropriate writ, directing the 2nd
respondent to take up Form 5 application, reconsider the
same and issue fresh orders after considering all other
factors mentioned in Rule 4(4F) of the Kerala Conservation
of Paddy Land and Wetland Act,2008.
(iv) Allow the petitioner to recover the full costs
incurred for the institution and conduct of the writ petition
(civil) from the respondents
(v) Dispense with production of English translation of
vernacular documents."[SIC]
2. The petitioners are aggrieved by the order passed
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by the 2nd respondent rejecting the Form-5 application
submitted by them under the Kerala Conservation of Paddy
Land and Wetland Rules, 2008 ('Rules', for brevity). The
main grievance of the petitioners is that the authorised
officer has not considered the contentions of the petitioners.
3. Heard the learned counsel for the petitioners 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
report of the Agricultural Officer. Eventhough KSREC report
is available, the same is not properly considered by the
authorised officer. 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],
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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.
Therefore, this Writ Petition is allowed in the following
manner:
1. Ext.P5 order is set aside.
2. The 2nd respondent/authorised officer is
directed to reconsider the Form - 5
application submitted by the petitioners in
accordance with the law. The authorised
officer shall either conduct a personal
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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 petitioners, 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 production of a copy of this judgment
by the petitioners.
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) 31530/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE DOCUMENT NO.
6603/1993 OF THE SUB REGISTRAR OFFICE,
AYYANTHOLE DATED 31/12/1993.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE BASIC TAX
RECEIPT DATED 04/04/2024.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE RELEVANT
PAGES OF THE DATA BANK ISSUED BY THE
THRISSUR CORPORATION DATED 22/01/2021
EXHIBIT P4 THE TRUE PHOTOSTAT COPY OF THE RELEVANT
PAGES OF THE DATA BANK ISSUED
AGRICULTURE OFFICER AYYANTHOLE.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE ORDER DATED
07/02/2024 ISSUED BY THE 2ND RESPONDENT.
