Kerala High Court
Kadeeja vs Revenue Divisional Officer on 14 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C).No.29667 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. 29667 OF 2025
PETITIONER:
KADEEJA
AGED 53 YEARS
D/O. LATE KUNJIMOITHEEN, CHEKKATH HOUSE, CHERUKUNNU,
OTHUKKUNGAL, MALAPPURAM DISTRICT, PIN - 676528
BY ADV SRI.DEEPAK MOHAN
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER
RDO OFFICE, TIRUR-THRIKANDIYOOR RD, TIRUR,
MALAPPURAM DISTRICT, PIN - 676101
2 DEPUTY COLLECTOR (LA)
FOR TIRURANGADI TALUK, OFFICE OF THE DEPUTY
COLLECTOR, CIVIL STATION, MALAPPURAM DISTRICT, PIN -
676505
3 TAHSILDAR, TIRURANGADI TALUK
TALUK OFFICE, TIRURANGADI, MALAPPURAM DISTRICT, PIN
- 676503
4 VILLAGE OFFICER, PARAPPUR VILLAGE
PARAPPUR VILLAGE OFFICE, PARAPPUR, MALAPPURAM
DISTRICT, PIN - 676503
5 AGRICULTURAL OFFICER
KRISHI BHAVAN, PARAPPUR, MALAPPURAM DISTRICT, PIN -
676503
W.P.(C).No.29667 of 2025
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6 THE DIRECTOR, KERALA STATE REMOTE SENSING AND
ENVIRONMENT CENTRE
1ST FLOOR, VIKASBHAVAN, UNIVERSITY OF KERALA SENATE
HOUSE CAMPUS, PMG, THIRUVANANTHAPURAM, PIN - 695033
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.29667 of 2025
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P.V.KUNHIKRISHNAN
---------------------
W.P.(C).No.29667 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) Issue a writ of certiorari or any other appropriate
writ, order or direction to quash Exhibit P-3 order of
the 2nd respondent.
ii) Issue a Writ of Mandamus or any other appropriate
Writ, order or direction directing the 1st respondent or
the officer authorised under Section 2(XVA) of 'The
Kerala Conservation of paddy land and wet land Act,
2008' to re-consider the 'Form 5' application filed by
the petitioner, after calling forward the satellite maps
and fresh reports from the respondents 6, 7 and 8, and
also after hearing the petitioner, within a time frame
fixed by this Hon'ble Court.
iii) Issue a writ of mandamus or any other appropriate
writ, order or direction, directing the 4 th respondent
Village Officer to give sufficient reports required under
the Act and the Rules to the 1st respondent or the
officer authorised under Section 2(XVA) of the Act,
without further delay.
iv) Issue a Writ of Mandamus or any other appropriate
Writ, order or direction directing the 1st respondent to
declare that the petitioner's property is not suitable for
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paddy cultivation and has to be removed from the
data bank.
v) Dispense with the filing of the translation of
vernacular documents produced along with this writ
petition. And
vi) Issue such other Writs, directions or orders as this
Hon'ble Court may feel just and necessary in the
interest of Justice." (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
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
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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
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.
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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 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
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
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) 29667/2025
PETITIONER EXHIBITS
EXHIBIT P-1 THE TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 26.02.2023 ISSUED BY THE
4TH RESPONDENT
EXHIBIT P-2 A TRUE COPY OF THE PARTITION DEED
NO.4203/2014 DATED 14.10.2014 OF SRO,
KOTTAKKAL
EXHIBIT P-3 THE TRUE COPY OF THE ORDER DATED
02.04.2025 OF THE 2ND RESPONDENT
