Kerala High Court
Anoop P K vs The District Collector on 14 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 25493 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. 25493 OF 2025
PETITIONER/S:
ANOOP P K
AGED 48 YEARS
S/O. KRISHNAN NAMBOOTHIRI, GOKULAM HOUSE,
THRIKKAKARA PO., ERNAKULAM, PIN - 682021
BY ADV SMT. ARYA ASHOKAN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
COLLECTORATE, 1ST FLOOR, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA REVENUE DIVISIONAL OFFICE, GROUND
FLOOR, PATTIMATTOM, MUVATTUPUZHA ROAD, ERNAKULAM,
PIN - 686673
3 THE DEPUTY COLLECTOR (LR)
COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKUL.AM,
PIN - 682030
4 THE TAHASILDAR
KUNNATHUNAD TALUK OFFICE, POOPPNI ROAD, PERUMBAVOOR,
ERNAKULAM, PIN - 683543
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5 THE VILLAGE OFFICER
KUNNATHUNAD VILLAGE OFFICE, KUMARAPURAM, PALLIKKARA,
ERNAKULAM, PIN - 683565
6 THE AGRICULTURAL OFFICER
KUNNATHUNAD KRISHI BHAVAN, KUNNATHUNAD, ERNAKULAM,
PIN - 683542
7 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
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:
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P.V.KUNHIKRISHNAN, J
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WP (C) No. 25493 of 2025
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Dated this the 14th day of October, 2025
JUDGMENT
This writ petition is filed seeking the following reliefs:
"a) Issue a writ of certiorari calling for the records
leading to Ext P4 and quash the original of the same.
b) Issue a writ of mandamus or any appropriate writ
order or direction, directing the 2nd
Respondent/authorized officer to reconsider Petitioner's
Form 5 application and pass orders afresh taking note of
Ext P5 report from KSREC and the dictum laid down in the
Mather Nagar Residence Association and another vs The
District Collector Ernakulam and others reported in
2020(2) KLT 192 and dictum laid down in WP(C)
23609/2023 (2203 KER 64354) Niyas VS District Collector,
Palakkad and others.
c) To dispense with the filing of translation of
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vernacular documents. d) Issue such other writ, order or
direction as this Hon'ble Court may deem fit and proper in
the circumstances of the case. "[SIC]
2. The petitioner is aggrieved by the Ext.P4 order
by which an application submitted by the petitioner in Form-5
under the Kerala Conservation of Paddy Land and Wetland
Rules, 2008 ('Rules', for brevity) is rejected.
3. Heard the learned counsel for 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 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
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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 the considered opinion that the
impugned order is to be set aside.
Therefore, this Writ Petition is allowed in the following
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manner:
1. Ext.P4 order is set aside.
2. The 2nd respondent/authorised officer is
directed to reconsider Ext.P2 Form - 5
application 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.
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
SKS
Judgment reserved NA
Date of Judgment 14/10/25
Judgment dictated 14/10/25
Draft judgment placed 15/10/25
Final judgment uploaded 15/10/25
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APPENDIX OF WP(C) 25493/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE TAX RECEIPT DATED
1.6.2022
Exhibit P-2 TRUE COPY OF THE FORM 5 APPLICATION DATED
14.1.2023
Exhibit P-3 TRUE COPY OF THE MINUTES DATED 14.2.2023
ISSUED BY THE 6TH RESPONDENT AGRICULTURAL
OFFICER
Exhibit P-4 TRUE COPY OF THE ORDER DATED 20.3.2023
ISSUED BY THE 2ND RESPONDENT
Exhibit P-5 TRUE COPY OF THE REPORT OF THE KSREC DATED
28.6.2018 I
Exhibit P-6 COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF
THE PETITIONER
