Kerala High Court
Sabu Kuriakose vs State Of Kerala on 14 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C).No.22667 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947
WP(C) NO. 22667 OF 2025
PETITIONER:
SABU KURIAKOSE
AGED 54 YEARS
S/O. P.P. KURIAKOSE, PUTHIYATH HOUSE, KRISHNAGIRI
PO, PATHIRL-PALAM, MINANGADI, WAYANAD DISTRICT-, PIN
- 673591
BY ADV SRI.ROY CHACKO
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE THE PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE SECRETARIAT,
THIRUVANANTHAPURAM-, PIN - 695001
2 THE DEPUTY COLLECTOR
(RDO) SULTHAN BATHERY, WAYANAD DISTRICT-, PIN -
673592
3 THE TAHSILDAR
SULTHAN BATHERY, CIVIL STATION, SULTHAN BATHERY,
WAYANAD-, PIN - 673592
4 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, MENANGADI PO, WAYANAD., PIN - 673591
5 THE VILLAGE OFFICER,
\KRISHNAGIRI PO, WAYANAD.., PIN - 693591
OTHER PRESENT:
GP SMT JESSY S SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.22667 of 2025
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P.V.KUNHIKRISHNAN
---------------------
W.P.(C).No.22667 of 2025
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Dated this the 14th day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:-
"i. A writ of certiorari or any other order or direction
calling for the records relating to Exhibits P3 order and
to quash the same.
ii. Such other reliefs as may be deemed just and
necessary by this Hon'ble Court in the facts and
circumstances of the case." (SIC)
2. The petitioner is aggrieved by Ext.P3 order passed by
the 2nd respondent, by which an application submitted by the
petitioner under Form 5 in accordance to the Kerala
Conservation of Paddy Land and Wetland Act and Rules, 2008,
(for short, the Act and the Rules) is rejected.
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
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comply the statutory requirements. The impugned order is
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 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
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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:
a) Ext.P3 order is set aside.
b) The 2nd respondent/authorised officer is
directed to reconsider Ext.P2 - Form 5 application
submitted by the petitioner in accordance with 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.
c) 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 receipt of a certified copy
of this judgment by the petitioner.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
Judgment reserved NA
Date of Judgment 14/10/25
Judgment dictated 14/10/25
Draft Judgment placed 14/10/25
Final Judgment uploaded 15/10/25
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APPENDIX OF WP(C) 22667/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE KERALA GAZET RELEVANT
PAGE OF THE DATA BANK DATED 06.02.2021 I
EXHIBIT P2 TRUE COPY OF THE APPLICATION FORM NO.5,
DATED 02.05.2023
EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE 2ND
RESPONDENT DATED 29.05.2025
