Kerala High Court
Eshack A vs The District Collector,Palakkad on 15 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 4962 OF 2025 1
2025:KER:76746
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 15TH DAY OF OCTOBER 2025 / 23RD ASWINA, 1947
WP(C) NO. 4962 OF 2025
PETITIONER:
ESHACK A,
AGED 55 YEARS
S/O.ABDUL ASEEZ, OTTUPURACKAL HOUSE, KUNNAMPARAMBU,
ALATHUR.P.O, PALAKKAD, PIN - 678541
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),
,ALATHUR TALUK OFFICE,ALATHUR, PALAKKAD, PIN - 678541
6 THE VILLAGE OFFICER,
ALATHUR VILLAGE, ALATHUR.P.O, ALATHUR TALUK, PALAKKAD,
PIN - 678541
7 THE AGRICULTURAL OFFICER,
KRISHIBHAVAN, ALATHUR.P.O, ALATHUR, PALAKKAD - 678541
WP(C) NO. 4962 OF 2025 2
2025:KER:76746
8 LOCAL LEVEL MONITORING COMMITTEE,
ALATHUR GRAMA PANCHAYAT,ALATHURI.P.O, ALATHUR TALUK,
PALAKKAD, REP.BY ITS CONVENER, PIN - 678541
GP SMT JESSY S SALIM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4962 OF 2025 3
2025:KER:76746
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 4962 OF 2025
------------------------------------------------------
Dated this the 15th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following reliefs:
"i) Issue a writ of Certiorari or any other
writ order or direction and quash Ext.P9, Order
dated 12.11.2024 issued by the 3rd 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.402/39 (402/7) in Block
No.28 of Alathur Village, Alathur Taluk in Palakkad
District having an extent of 0.0290 Hectare.
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]
2. The petitioner is aggrieved by Ext.P9 order passed by
the 3rd respondent rejecting Ext.P8 Form - 5 application submitted by
2025:KER:76746
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 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
2025:KER:76746
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.P9 order is set aside.
2. The 2nd respondent/authorised officer is directed to
reconsider Ext.P8 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
AJ
Judgment reserved NA
Date of Judgment 15.10.2025
Draft judgment placed 15.10.2025
Final Judgment uploaded 16.10.2025
2025:KER:76746
APPENDIX OF WP(C) 4962/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
30.08.2024 ISSUED BY THE 6TH RESPONDENT
Exhibit P2 TRUE COPY OF THE DOCUMENTS NO.2207/I/2018 OF SRO,
ALATHUR DATED 09.07.2018
Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT OF THE
PETITIONER'S PROPERTY ISSUED BY 6TH RESPONDENT
Exhibit P4 TRUE COPY OF THE BUILDING PERMIT NO.115/07-08 DATED
27.07.2007 ISSUED FROM THE ALATHUR GRAMA PANCHAYAT
Exhibit P5 TRUE COPY OF THE OWNERHIP CERTIFICATE DATED
03.12.2024 ISSUED BY ALATHUR GRAMA PANCHAYAT
Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK OF
THE PETITIONER'S PROPERTY
Exhibit P7 PHOTOGRAPH OF THE PETITIONER'S PROPERTY
Exhibit P8 TRUE COPY OF THE PETITIONER'S APPLICATION DATED
15.12.2023
Exhibit P9 TRUE COPY OF THE ORDER IN FILE NO.222/2024 DATED
12.11.2024 ISSUED BY THE 3RD RESPONDENT
