Kerala High Court
Pankymol vs The Revenue Divisional Officer ... on 28 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 28544 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
WP(C) NO. 28544 OF 2024
PETITIONER(S):
PANKYMOL,
AGED 36 YEARS
W/ O PAVIRAJ, GURUKULAM, KARAVOOR P.O., PUNNALA
VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN
- 689696
BY ADVS.
SRI.P.M.ZIRAJ
SHRI.IRFAN ZIRAJ
RESPONDENT(S):
1 THE REVENUE DIVISIONAL OFFICER (R.D.O.)
PUNALUR, KOLLAM DISTRICT, PIN - 686575
2 LOCAL LEVEL MONITORING COMMITTEE (LLMC),
PIRAVANTHUR GRAMA PANCHAYATH, KOLLAM DISTRICT-
689696, REPRESENTED BY ITS CONVENER, AGRICULTURAL
OFFICER, KRISHI BHAVAN, PIRAVANTHUR, KOLLAM
DISTRICT
3 AGRICULTURAL OFFICER,
KRISHI BHAVAN, PIRAVANTHUR, KOLLAM DISTRICT, PIN -
689696
4 THE VILLAGE OFFICER,
PUNNALA VILLAGE, KOLLAM DISTRICT, PIN - 689695
5 THE KERALA STATE REMOTE SENSING AGENCY AND
W.P.(C) No. 28544 of 2024
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ENVIRONMENTAL CENTRE,
C BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM ,
REPRESENTED BY ITS DIRECTOR, PIN - 685033
BY ADV.
SMT. JESSY S. SALIM, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 28544 of 2024
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 28544 of 2024
------------------------------------------------
Dated this the 28th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following reliefs:
"1. Issue a writ of certiorari or any other appropriate writ,
direction or order by call for the records leading to the
issuance of exhibit P6 order by the first respondent and set
aside the same as illegal.
2. Issue a writ of mandamus or any other appropriate
writ, order or direction to the first respondent to consider and
dispose the exhibit P2 application submitted by the petitioner
afresh by considering the exhibit P5 KSREC report within a
reasonable period which this Honorable court may deem fit
and proper in the interest of justice and circumstances of the
case.
3. Declare that deposit of earth in a land which is
classified as paddy land is not a reason to reject the
application of petitioner since as per the satellite image and
other documents the property is a converted land much prior
to the introduction of Act 28 of 2008.
4. Such other writ, order or direction which this
Honorable Court may deem fit and proper in the interest of
justice and circumstances of the case. And
5. Exempt the production of translated copies of
vernacular documents of the subject matter."[SIC]
2. The petitioner is aggrieved by the order passed by
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the 1st respondent rejecting the Form-5 application submitted
by her 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
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], Sudheesh U v. The
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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.P6 order is set aside.
2. The 1st respondent/authorised officer is
directed to reconsider Ext.P2 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
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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 production of a copy of this judgment
by the petitioner.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
DM
Judgment reserved NA
Date of Judgment 28.10.2025
Judgment dictated 28.10.2025
Draft Judgment placed 28.10.2025
Final Judgment uploaded 29.10.2025
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APPENDIX OF WP(C) 28544/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT IN
CONNECTION WITH THE PROPERTY OF
PETITIONER DATED 1.12.2023 ISSUED BY THE
FOURTH RESPONDENT
EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE FIRST
RESPONDENT DATED 20.3.2023 IN FORM -5
EXHIBIT P3 TRUE COPY OF THE BUILDING AGE
CERTIFICATE DATED 21.6.2024 REGARDING
THE BUILDING BEARING DOOR NO.7/304
ISSUED FROM THE OFFICE OF PIRAVANTHOOR
GRAMA PANCHAYATH
EXHIBIT P4 TRUE COPY OF THE BUILDING AGE
CERTIFICATE DATED 21.6.2024 REGARDING
THE BUILDING BEARING DOOR NO.7/554
ISSUED FROM THE OFFICE OF PIRAVANTHOOR
GRAMA PANCHAYATH
EXHIBIT P5 TRUE COPY OF THE SATELLITE IMAGE AND
REPORT ISSUED BY THE FIFTH RESPONDENT TO
THE FOURTH RESPONDENT DATED 25.5.2024
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 2.7.2024
ISSUED BY THE FIRST RESPONDENT TO THE
PETITIONER
