Kerala High Court
Manju Rajesh vs The State Of Kerala on 14 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 37719 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. 37719 OF 2025
PETITIONER(S):
MANJU RAJESH
AGED 42 YEARS, W/O. LATE RAJESH KUMAR C.G,
CHIRAPPURATHU HOUSE, KIDANGOOR SOUTH P.O,
KIDANGOOR, MEENACHIL TALUK, KOTTAYAM DISTRICT. NOW
RESIDING AT ELAPPUNKAL HOUSE, PERUNNA P.O,
CHANGANASSERY, KOTTAYAM DISTRICT., PIN - 686102
BY ADVS.
SHRI.MOHANAN M.K.
SRI.P.V.DILEEP
SHRI.STEEWAUGH SHAJI CHERIAN
RESPONDENT(S):
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE
DEPARTMENT , GOVT. SECRETARIAT THIRUVANANTHAPURAM.,
PIN - 695001
2 THE DISTRICT COLLECTOR
CIVIL STATION, THRISSUR DISTRICT., PIN - 688001
3 THE SUB COLLECTOR/RDO
OFFICE OF THE SUB COLLECTOR, THRISSUR, THRISSUR
DISTRICT., PIN - 680001
4 THE THALUK OFFICER
CHAVAKKAD, THRISSUR DISTRICT., PIN - 680506
5 THE VILLAGE OFFICER
VILLAGE OFFICE, MULLASSERY VILLAGE, CHAVAKKAD
THALUK, THRISSUR DISTRICT., PIN - 680509
W.P.(C) No. 37719 of 2025
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6 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER,
KRISHI BHAVAN, MULLASSERY VILLAGE, MULLASSERY (PO),
CHAVAKKAD TALUK, THRISSUR DISTRICT., PIN - 680509
7 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
VIKAS BHAVAN, THIRUVANANTHAPURAM., PIN - 695033
BY ADV.:
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:
W.P.(C) No. 37719 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 37719 of 2025
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Dated this the 14th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i) Call for the records leading to Exhibit-P5 and quash
the same by issuing a writ to certiorari to other
appropriate writ, order or direction;
ii) Declare that the property covered by Exhibit-P1 is
liable to be excluded from the data bank and direct the
3rd respondent to remove the property from the data
bank;
iii) issue a writ of mandamus or any other appropriate
writ order of direction, directing 3rd respondent to
remove the Petitioner's 4 Ares 5 Square meters (T.P. No.
4781) of land comprising in Survey No.267/6-3 Block No.
5, of Mullassey Village, Chavakkad Thaluk, Thrissur
District as per the Exhibt-P1 sale deed dated 04.04.2014
from the data bank.
iv) issue a writ of mandamus or any other appropriate
writ , order or direction, commanding 3rd Respondent to
re-consider and pass orders on Exhibit-P4 form- 5
application forth with
v) dispense with the English translation of documents in
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vernacular language.
vi) 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.P5 order
passed by the 3rd respondent rejecting Ext.P4 Form - 5
application submitted by him under the Kerala
Conservation of Paddy Land and Wetland Rules, 2008
('Rules', for brevity). The authorised officer rejected the
same mainly based on the recommendations of Local
Level Monitoring Committee (LLMC). Admittedly, the
LLMC has no jurisdiction to make recommendations.
Moreover, it is not a speaking order. Hence, this writ
petition is filed.
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
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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.
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
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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(C) is allowed in the
following manner:
1. Ext.P5 order is set aside.
2. The 3rd respondent/authorised officer is
directed to reconsider Ext.P4 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
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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 14.10.2025
Final Judgment uploaded 15.10.2025
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APPENDIX OF WP(C) 37719/2025
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE SETTLEMENT DEED
DOCUMENT NO. 978/I/2014 OF MULLASSERI
SUB-REGISTRAR OFFICE DATED 04/4/2014.
Exhibit-P2 THE TRUE COPY OF THE TAX RECEIPT DATED
13.05.2025 OF PETITIONER'S PROPERTY IN
SURVEY NO.267/6-3 BLOCK NO. 5, OF
MULLASSERY VILLAGE, CHAVAKKAD THALUK,
THRISSUR DISTRICT.
Exhibit-P3 TRUE COPY OF THE SURVEY MAP OF
PETITIONER'S PROPERTY BELONGS TO THE
PETITIONER SURVEY NO.267/6-3 BLOCK NO.
5, OF MULLASSEY VILLAGE, CHAVAKKAD
THALUK, THRISSUR DISTRICT.
Exhibit-P4 TRUE COPY OF THE APPLICATION NO.
10/2025/237214 DATED 13.05.2025 IN
FORM 5 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit-P5 THE TRUE COPY OF THE ORDER FILE NO.
1980/2025 DATED 15.08.2025 ISSUED BY
THE 3RD RESPONDENT.
