Kerala High Court
Mini vs State Of Kerala on 14 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 37876 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. 37876 OF 2025
PETITIONER(S):
MINI
AGED 51 YEARS, W/O REJIKUMAR, NIRANATHU, PERUNNA
KIZHAKK, CHANGANASERRY TALUK, CHANGANASERRY
VILLAGE, KOTTAYAM DISTRICT., PIN - 686102
BY ADVS.
SRI.K.SHAJ
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SHRI.AKASH JOSHI
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
DISTRICT., PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
REVENUE TOWER, CHANGANASERRY, KOTTAYAM DISTRICT.,
PIN - 696101
3 THE DEPUTY COLLECTOR (RR)
REVENUE TOWER, CHANGANASERRY, KOTTAYAM DISTRICT.,
PIN - 696101
W.P.(C) No. 37876 of 2025
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4 LOCAL LEVEL MONITORING COMMITTEE FOR CHANGANASERRY
VILLAGE
(CONSTITUTED UNDER THE KERALA CONSERVATION OF PADDY
LAND AND WETLAND ACT, 2008), REPRESENTED BY THE
CONVENER AND AGRICULTURAL OFFICER, KRISHI BHAVAN,
CHANGANASERRY, KOTTAYAM DISTRICT., PIN - 686103
5 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, VAZHAPPALLY WEST, CHANGANASERRY,
KOTTAYAM DISTRICT., PIN - 686103
6 THE VILLAGE OFFICER
VILLAGE OFFICE, CHANGANASSERY, PERUNNA KOTTAYAM
DISTRICT., PIN - 686102
7 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
REPRESENTED BY ITS DIRECTOR, 1ST FLOOR, VIKAS
BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF
KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM., PIN - 695033
BY ADV.:
SR GP, SMT PREETHA K K
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. 37876 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 37876 of 2025
------------------------------------------------------
Dated this the 14th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"A. To issue a writ in the nature of certiorari or such other
appropriate writ, order or direction, calling for the records
and proceedings leading up to the issuance of Exhibit P4
order and quash the same;
B. To issue a writ in the nature of mandamus or any other
appropriate writ, direction or order commanding the 3rd
respondent to reconsider Exhibit P3 application under Form-5
of the Kerala Conservation of Paddy Land and Wetland Rules,
2008 in the light of Exhibit P2 order;
C. To dispense with the filing of the translated versions of the
vernacular documents; and
D. To issue such other 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.P4 order
passed by the 3rd respondent rejecting Ext.P3 Form - 5
application submitted by him under the Kerala
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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 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.
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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 manner:
1. Ext.P4 order is set aside.
2. The 3rd respondent/authorised officer is
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directed to reconsider Ext.P3 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 production of a copy of this judgment
by the petitioner. Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 14.10.2025
Judgment dictated 14.10.2025
Draft Judgment placed 15.10.2025
Final Judgment uploaded 15.10.2025
2025:KER:76479
APPENDIX OF WP(C) 37876/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF TAX RECEIPT NO.
KL05010109016/2024 DATED 08/10/2024
ISSUED BY THE 6TH RESPONDENT TO THE
PETITIONER.
Exhibit P2 THE TRUE COPY OF ORDER NO. B-
6240/2013/K-DIS DATED 17/01/2014
ISSUED BY THE 2ND RESPONDENT.
Exhibit P3 THE TRUE COPY OF FORM 5 APPLICATION
WITH APPLICATION NO. 8/2023/10673
DATED 31/01/2023 FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE ORDER DATED
17/10/2024 IN FILE NO. 55/2024 ISSUED
BY THE 3RD RESPONDENT.
Exhibit P5 THE TRUE COPY OF REPRESENTATION DATED
15/05/2025 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT.
Exhibit P6 THE TRUE COPY OF RECEIPT NO.
910955/25/B8 DATED 17/05/2025 ISSUED
BY TALUK OFFICE, CHANGANASERRY TO THE
PETITIONER.
