Kerala High Court
Sujith K S vs State Of Kerala on 14 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 35419 OF 2025 1
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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. 35419 OF 2025
PETITIONER/S:
SUJITH K S
AGED 50 YEARS
S/O SIVA SWAMY, SREYAS, THURAVOOR SOUTH, THURAVOOR
POST, CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688532
BY ADVS.
SRI.AVANEESH KOYIKKARA
SMT.MANJUSHA K.U.
SHRI.ASHWIN SUNIL KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTER
REPRESENTED BY ITS DIRECTOR, 1ST FLOOR, C BLOCK,
VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY
OF KERALA SENATE HOUSE CAMPUS, PMG, VIKAS BHAVAN
POST, THIRUVANANTHAPURAM DISTRICT, PIN - 695033
WP(C) NO. 35419 OF 2025 2
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3 DEPUTY COLLECTOR (RR), KOZHIKODE
COLLECTORATE, CIVIL STATION POST, KOZHIKODE
DISTRICT, PIN - 673020
4 REVENUE DIVISIONAL OFFICER, KOZHIKODE
REVENUE DIVISIONAL OFFICE, KOZHIKODE, KOZHIKODE
POST, KOZHIKODE DISTRICT, PIN - 673020
5 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KRISHI BHAVAN KOZHIKODE, PUTHIYARA POST, KOZHIKODE
DISTRICT, PIN - 673004
6 AGRICULTURE OFFICER, KOZHIKODE
KRISHI BHAVAN KOZHIKODE, PUTHIYARA POST, KOZHIKODE
DISTRICT, PIN - 673004
OTHER PRESENT:
SR GP SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 35419 OF 2025 3
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P.V.KUNHIKRISHNAN, J
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WP (C) No. 35419 of 2025
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Dated this the 14th day of October, 2025
JUDGMENT
The above writ petition is filed with following
prayers :
i) "To issue a Writ of certiorari or any other appropriate
writ, 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;
ii) 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 Register;
iii) To issue a writ of mandamus or any other
appropriate writ, order, or direction, commanding the 3rd
respondent to consider and pass orders in Exhibit P3, the
Form 5 application to removing the entries regarding the
petitioner's property from the Data Bank Register, 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 to be fixed by this Hon'ble
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Court.
iv) Pass any other orders or directions that this Hon'ble
Court may deem fit and proper in the interest of Justice.
v) Dispense with the translation of the documents
produced in the vernacular language. And
vi) Award cost. " [sic]
2. When this writ petition came up for
consideration, the learned counsel for the petitioner
submitted that he will be satisfied if a direction is issued to
consider Ext.P3 application submitted in Form 5 of Kerala
Conservation of Paddy Land and Wetland Rules, 2008.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I think that prayer
can be allowed.
Therefore, this writ petition is disposed of with the
following directions:
1) The 6th respondent is directed to submit necessary
report based on Ext.P3 as expeditiously as possible, at
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any rate, within one month from the date of receipt of a
certified copy of this judgment.
2) Once the report is received, the 3 rd
respondent/competent authority shall consider Ext.P3, if
it is pending and if it is in order, as expeditiously as
possible, at any rate, within two months from the date of
receipt of the report from the 6th respondent.
3) The petitioner will produce a certified copy of this
judgment before the 3rd and 6th respondents for
compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
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) 35419/2025
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE LAND DATED 15.06.2024
ISSUED BY THE PUTHIYANGADI VILLAGE
OFFICER
Exhibit P2 A COPY OF THE RELEVANT PAGE OF THE DATA
BANK PUBLISHED ON 22.10.2024
Exhibit P3 A COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 15.04.2025, ALONG
WITH THE FEE RECEIPT
