Kerala High Court
Lijomon Joseph vs Revenue Divisional Officer on 14 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 14791 OF 2025 1
2025:KER:76634
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. 14791 OF 2025
PETITIONER/S:
LIJOMON JOSEPH,
AGED 47 YEARS
S/O. THOMAS JOSEPH, KAROTT VEETTIL, KULAPPURATH,
PEROOR VILLAGE, KOTTAYAM DISTRICT, PIN - 686637
BY ADV SMT.C.K.SHERIN
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISION OFFICE, KB JACOB ROAD, FORT KOCHI,
PIN - 682001
2 THE DEPUTY COLLECTOR (RR),
CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030
3 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER, THE AGRICULTURAL
OFFICER,KRISHI BHAVAN, THRIKKAKARA,ERNAKULAM
DISTRICT, PIN - 682021
4 THE VILLAGE OFFICER,
KAKKANAD VILLAGE OFFICE, KAKKANAD, ERNAKULAM, PIN -
682030
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5 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
(KSREC), VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN -
695033
OTHER PRESENT:
SMT. JESSY S. SALIM GP
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. 14791 OF 2025 3
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P.V.KUNHIKRISHNAN, J
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WP (C) No.14791 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) call for the records leading to Exhibit P11 and quash
the same by issuing a writ of certiorari or other appropriate
writ, order or direction;
b) declare that the property covered by Ext. P1 is not
paddy lands as defined under section 2(XII) of the Kerala
Conservation of Paddy and Wet Land Act and is liable to be
excluded from the data bank and direct the 2nd respondent to
remove the property from data bank;
c) To declare that Ext. P6 data bank to the extent it
relates to the petitioner is vitiated by errors and it was
prepared without considering the ground realities and it has to
be corrected by issuing an erratum notification;
d) to direct the 2nd respondent to reconsider Form 5
application after considering all the relevant materials and
after obtaining KSREC report.
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e) to dispense with the filing of the translation of
vernacular documents.
f) issue such other writ, order or direction as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case. "[SIC]
2. The petitioner is aggrieved by Ext.P11 order
passed by the 2nd respondent rejecting Form - 5 application
submitted by him 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 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
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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 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
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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.P11 order is set aside.
2. The 2nd respondent/authorised officer is
directed to reconsider Ext.P9 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
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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
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
2025:KER:76634
APPENDIX OF WP(C) 14791/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
31.07.2023 FOR THE PERIOD 2023-2024 ISSUED
BY THE VILLAGE OFFICE; KAKKANAD
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK ISSUED BY THE VILLAGE OFFICE,
KAKKANAD ON 19.03.2016
Exhibit P3 A TRUE COPY OF THE COMMUNICATION DATED
19.03.2016 ISSUED BY THE VILLAGE OFFICER,
KAKKANAD
Exhibit P4 A TRUE COPY OF THE CHALLAN DATED
25.02.2016
Exhibit P5 A TRUE COPY OF THE RECEIPT NO. 1184 DATED
24.02.2016 ISSUED FROM THE OFFICE OF THE
DISTRICT COLLECTOR
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE
DATA BANK PUBLISHED ON 03.02.2021
Exhibit P7 A TRUE COPY OF THE APPLICATION SUBMITTED
BY SIDDIK
Exhibit P8 A TRUE COPY OF THE REPLY ALONG WITH
MINUTES OF THE LLMC DATED 23.01.2021
Exhibit P9 A TRUE COPY OF THE APPLICATION IN FORM NO.
5 DATED 17.08.2023
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 29.02.2024
Exhibit P11 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT BEARING NO. 623/2025 DATED
11.03.2025
