Kerala High Court
Celinamma Xavier vs The Revenue Divisional Officer/Sub ... on 15 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 140 OF 2025 1
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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. 140 OF 2025
PETITIONER:
CELINAMMA XAVIER,
AGED 58 YEARS
W/O C.T XAVIER, CHETHIMATTATH VADAKKE PUTHANPURAYIL
HOUSE, THOTTAKKAD, NOW RESIDING AT M - 33 /386,
SHREEJI NAGAR, VADODARA , GUJARAT , PIN - 390 023
REPRESENTED BY HIS POWER OF ATTORNEY P.C.THOMAS,
AGED 60, S/O MATHEW, POYKAYIL HOUSE, ERAVUCHIRA P.O,
KOTTAYAM DISTRICT, PIN - 686539
BY ADVS.
SRI.P.K.SOYUZ
SRI.E.V.BABYCHAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
KOTTAYAM RDO OFFICE, MINI CIVIL STATION, KOTTAYAM P.O.,
KOTTAYAM DISTRICT, PIN - 686001
2 THE DEPUTY COLLECTOR (R.R),
KOTTAYAM CIVIL STATION, COLLECTORATE P.O, KOTTAYAM
DISTRICT, PIN - 686002
3 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, VAKATHANAM, VAKATHANAM P.O, KOYTTAYAM
DISTRICT, PIN - 686538
4 THE VILLAGE OFFICER,
THOTTAKKAD VILLAGE, ERAVUCHIRA P.O, KOTTAYAM DISTRICT,
PIN - 686539
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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:
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 140 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 or any
appropriate writ, order or direction calling for the
records leading to Ext. P5 and quash the same.
ii) issue a writ of mandamus or any other
appropriate writ, order or direction commanding the
2nd respondent to reconsider Ext.P3 application in
form No. 5, in the light of Ext P4 report of KSREC and
Ext P7 proforma reports and in the light of Judgments
in Mather Nagar Residents association and
another V. District Collector Ernakulum and
others , 2020 (2) KLT 192, Adani Infrastructures
and Developers Pvt. Ltd. V. State Kerala, 2014
(1) KLT 774, Lalu V. State of Kerala 2020(5) KLT
712 , Joy V. Revenue Divisional officer / Sub
collector, 2021 (1) KLT 433 , Arthasasthra
Ventures (India ) LLP V. state of Kerala , 2022
(7) KHC 561 and in Mureleedharan Nair R V.
RDO , 2023 (4 ) KHC 524. Aparna Sasi Menon V.
RDO , 2023 (6) KHC 83 and direct to make
necessary corrections in Ext P2 data bank by deleting
4.05 Ares of land comprised in 236/5 - 3 in Block No.
13 of Thottakkad Village , Changanacherry Taluk ,
from the Data Bank.
iii) Grant such other reliefs as this Hon'ble
Court deems fit and proper in the circumstances of
this case including the cost of this Writ Petition.
iv) To dispense with filing of the translation
of vernacular documents."
[SIC]
2. The petitioner is aggrieved by order passed by the
2nd respondent rejecting Form - 5 application submitted by her under
the Kerala Conservation of Paddy Land and Wetland Rules, 2008
('Rules', for brevity). The main grievance of the petitioner is that the
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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 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
exclusion from the data bank. The impugned order is not in
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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.P5 order is set aside.
2. The 2nd respondent/authorised officer is directed to
reconsider Ext.P3 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, if not already called for.
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 16.10.2025
Final Judgment uploaded 17.10.2025
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APPENDIX OF WP(C) 140/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 20.04.2024
ISSUED BY THE 4 TH RESPONDENT VILLAGE OFFICER
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF DATA BANK OF
VAKATHANAM GRAMA PANCHAYATH DATED 27.01.2021
Exhibit P3 A TRUE COPY OF THE APPLICATION IN FORM NO. 5 DATED
08.05.2023
Exhibit P4 A TRUE COPY OF THE REPORT OF THE KSREC DATED
04.07.2024
Exhibit P5 A TRUE COPY OF THE ORDER NO. 95/2024 DATED
24.10.2024 OF THE 2 ND RESPONDENT
Exhibit P6 A TRUE COPY OF THE CIRCULAR NO. REV-P1/149/2023 -
REV DATED 25.03.2024
Exhibit P7 A TRUE COPY OF THE PROFORMA REPORTS OF THE
RESPONDENTS 3 AND 4 DATED 22.05.2012
Exhibit P8 A TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
