Kerala High Court
Shaji.N.S vs The Deputy Collector on 15 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 2983 of 2025
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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. 2983 OF 2025
PETITIONER(S):
SHAJI.N.S.,
AGED 55 YEARS
S/O SUBRAMANIAN, 16/457 A, CANVAS, KAITHAKKUNDA,
CHERUKAVU, MALAPPURAM DISTRICT, PIN - 673637
BY ADV SRI.P.M.RAFIQ
RESPONDENT(S):
1 THE DEPUTY COLLECTOR,
CIVIL STATION, UP HILL,MALAPPURAM DISTRICT, PIN -
676505
2 THE THAHSILDAR,
OFFICE OF THAHSILDAR,KONDOTTY TALUK,MALAPPURAM
DISTRICT, PIN - 673638
3 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISONAL OFFICER,
PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322
4 THE VILLAGE OFFICER,
CHERUKAVU VILLAGE OFFICE,MALAPPURAM DISTRICT, PIN -
673634
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN,CHRUKAVU AGRICULTUAL
OFFICE,CHERUKAVU, MALAPPURAM DISTRICT, PIN - 673639
6 CHERUKAVU GRAMA PANCHAYTH,
PERIYAMBALAM, PULIKKAL P.O, MALAPPRAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 673637
W.P.(C) No. 2983 of 2025
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7 THE SECRETARY,
CHERUKAVU GRAMA PANCHAYTH,PERIYAMBALAM, PULIKKAL
P.O,MALAPPRAM DISTRICT, PIN - 673637
BY ADVS.
SRI.VINOD SINGH CHERIYAN
SRI.T.M.KHALID
SMT.K.P.SUSMITHA
BY ADV.:
GP SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 2983 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 2983 of 2025
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Dated this the 15th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i) Issue a Writ of Certiorari quashing exhihit-P6 order dated
04.01.2025 of the first respondent Deputy Collector,
Malappuram in application no.3/2023/2012;
ii) Issue a Writ of Mandamus or any other Writ, order or
direction directing the first respondent Deputy Collector,
Malappuram to re-consider and dispose Exhibit-P5 application
within a reasonable time as deem fit and proper by this
Hon'ble court;
iii) dispense with the filing of the translation of vernacular
documents
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.P6 order
passed by the 1st respondent rejecting Ext.P5 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 raised by him.
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(C) is allowed in the
following manner:
1. Ext.P6 order is set aside.
2. The 1st respondent/authorised officer is
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directed to reconsider Ext.P5 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 15.10.2025
Judgment dictated 15.10.2025
Draft Judgment placed 16.10.2025
Final Judgment uploaded 17.10.2025
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APPENDIX OF WP(C) 2983/2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE TITLE DEED OF
PROPERTY OF PETITIONER COMPRISED IN
RE.SY.NO. B4-80/1 OF CHERUKAVU VILLAGE
IN MALAPPURAM DISTRICT VIDE DOCUMENT
NO.1652 DATED 11.06.2014
Exhibit-P2 A TRUE COPY OF THE BUILDING PERMIT
DATED 05.12.2015 ISSUED IN FAVOUR OF
PETITIONER AND HIS WIFE BY THE
SECRETARY, CHERUKAVU GRAMA PANCHAYATH
Exhibit-P3 A TRUE COPY OF THE INTERNET PAYMENT
RECEIPT DATED 04.03.2024 ISSUED FROM
CHERUKARA GRAMA PANCHAYATH TOWARDS THE
BUILDING TAX OF PETITIONER'S
RESIDENTIAL BUILDING FOR PERIOD FROM
2023-2024 1ST HALF TO 2023-2024 2ND
HALF
Exhibit-P4 A TRUE COPY OF THE INTERNET PAYMENT
RECEIPT DATED 13.11.2024 ISSUED
TOWARDS THE PAYMENT OF LAND TAX FOR
THE LAND OF PETITIONER BY THE VILLAGE
OFFICER, CHERUKARA VILLAGE
Exhibit-P5 A TRUE COPY OF THE FROM 5 APPLICATION
DATED 07.01.2023 SUBMITTED BY THE
PETITIONER
Exhibit-P6 A TRUE COPY OF THE ORDER DATED
04.01.2025 OF THE DEPUTY COLLECTOR,
MALAPPURAM IN APPLICATION
NO.3/2023/2012
Exhibit-P7 A TRUE COPY OF THE MAHASSAR COMMITTEE
REPORT ON LEVELLED NILAM
