Kerala High Court
Asma Beevi.K vs The District Collector,Palakkad on 14 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 30085 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. 30085 OF 2025
PETITIONER:
ASMA BEEVI.K
AGED 27 YEARS
W/O.SHAFEEK, MANALOORCHALLA, THENGUMPADAM, KAIRADI,
PALAKKAD, PIN - 678510
BY ADV SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS:
1 THE DISTRICT COLLECTOR,PALAKKAD
COLLECTORATE, CIVIL STATION, PALAKKAD, PIN - 678001
2 REVENUE DIVISIONAL OFFICER
COLLECTORATE, CIVIL STATION, PALAKKAD, PIN - 678001
3 THE DEPUTY COLLECTOR (L.A)
R.D.O, OFFICE OF THE DEPUTY COLLECTOR (L.A), CIVIL
STATION, PALAKKAD, PIN - 678001
4 THE PRINCIPAL AGRICULTURAL OFFICER
OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICER, CIVIL
STATION, PALAKKAD, PIN - 678001
5 THE THAHSILDAR (L.R)
CHITTUR TALUK OFFICE, CHITTUR.P.O, PALAKKAD, PIN -
678101
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6 THE VILLAGE OFFICER
THIRUVAZHIYAD VILLAGE, THIRUVAZHIYAD.P.O, CHITTUR
TALUK, PALAKKAD, PIN - 678510
7 THE AGRICULTURAL OFFICER
KRISHIBHAVAN, AYILUR.P.O, CHITTUR TALUK, PALAKKAD,
PIN - 678510
8 LOCAL LEVEL MONITORING COMMITTEE
AYILUR GRAMA PANCHAYAT, AYILUR.P.O, CHITTUR TALUK,
PALAKKAD, REP.BY ITS CONVENER., PIN - 678510
9 THE DIRECTOR
KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE,
‘ C' BLOCK, VIKAS BHAVAN, THIRUVANATHAPURAM,
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:
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P.V.KUNHIKRISHNAN
---------------------
W.P.(C).No.30085 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 writ order or
direction and quash Ext.P7, Order dated 20.03.2023
issued by the 2nd Respondent.
ii) Issue a writ of Mandamus or any other writ order or
direction and direct the 2nd respondent to delete the
petitioner's property comprised in Re.Sy.No.451/9 in
Block No.52 of Thiruvazhiyad Village, Chittur Taluk in
Palakkad District having an extent of 0.0405 Hectare
from Ext P4, Data Bank.
iii) It is prayed that this Hon'ble Court may dispense
the production of English Translation of the documents
produced in the above W.P.(c) and Petitioner
undertakes to produce the same as and when required
by this Hon'ble Court. And
iv) Issue such other writ, order or direction which this
Hon'ble Court may deem fit and proper in the light of
the facts and circumstances of the case so as to
secure the ends of justice." (SIC)
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2. The petitioner is aggrieved by Ext.P7 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
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
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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.
Therefore, this Writ Petition is allowed in the following
manner:
a) Ext.P7 order is set aside.
b) The 2nd respondent/authorised officer is
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directed to reconsider Ext.P6 - 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.
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
Judgment reserved NA
Date of Judgment 14/10/25
Judgment dictated 14/10/25
Draft Judgment placed 15/10/25
Final Judgment uploaded 16/10/25
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APPENDIX OF WP(C) 30085/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.840/I/2020 OF
SRO, NENMARA DATED 15.06.2020
EXHIBIT P2 TRUE COPY OF POSSESSION CERTIFICATE DATED
01.11.2024 ISSUED BY THE 6TH RESPONDENT
EXHIBIT P3 TRUE COPY OF THE SKETCH OF THE
PETITIONER'S PROPERTY
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF THE DATA
BANK OF THE PETITIONER'S PROPERTY
PUBLISHED BY AYILUR GRAMA PANCHAYAT
EXHIBIT P5 PHOTOGRAPH OF THE PETITIONER'S PROPERTY
EXHIBIT P6 RUE COPY OF THE FORM-5 APPLICATION DATED
NIL IS PRODUCED
EXHIBIT P7 TRUE COPY OF THE ORDER NO.RDOPKD/699/2023-
MI D.DIS DATED 20.03.2023
EXHIBIT P8 TRUE COPY OF THE ORDER IN FILE
NO.DCPKD/1720/2024-LRG3 DATED 11.03.2024
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED
21.04.2025 ISSUED BY 3RD RESPONDENT
EXHIBIT P10 TRUE COPY OF THE CERTIFICATE DATED
02.02.2024 ISSUED BY 6TH RESPONDENT
