Kerala High Court
Rose V.J vs The District Collector,Palakkad on 15 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 39137 OF 2024 1
2025:KER:76830
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. 39137 OF 2024
PETITIONER/S:
ROSE V.J.,
AGED 55 YEARS
W/O.SIMON, CHEEROTHA HOUSE, KARAYAKKAD,
VADAKKENCHERRY.P.O, ALATHUR, PALAKKAD, PIN - 678683
BY ADV SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,PALAKKAD,
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
PALAKKAD, PIN - 678001
2 THE DEPUTY COLLECTOR (L.A),
R.D.O, CIVIL STATION, PALAKKAD, PIN - 678001
3 THE PRINCIPAL AGRICULTURAL OFFICER,
OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICER,CIVIL
STATION, PALAKKAD, PIN - 678001
4 THE VILLAGE OFFICER,
VADAKKENCHERRY-I VILLAGE, VADAKKENCHERRY, ALATHUR,
PALAKKAD, PIN - 678683
5 THE AGRICULTURAL OFFICER,
WP(C) NO. 39137 OF 2024 2
2025:KER:76830
OFFICE OF THE KRISHI OFFICER, VADAKKENCHERRY,
ALATHUR, PALAKKAD, PIN - 678683
6 LOCAL LEVEL MONITORING COMMITTEE,
VADAKKENCHERRY GRAMA PANCHAYAT, VADAKKENCHERRY.P.O,
ALATHUR, PALAKKAD,REP.BY ITS CONVENER, PIN - 678683
7 REVENUE DIVISIONAL OFFICER ( SOUGHT TO BE
IMPLEADED )
COLLECTORATE, CIVIL STATION,PALAKKAD ( SOUGHT TO BE
IMPLEADED )
8 THE DIRECTOR ( SOUGHT TO BE IMPLEADED )
KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE,
‘C' BLOCK, VIKAS BHAVAN, THIRUVANATHAPURAM
( SOUGHT TO BE IMPLEADED )
OTHER PRESENT:
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:
WP(C) NO. 39137 OF 2024 3
2025:KER:76830
P.V.KUNHIKRISHNAN, J
--------------------------------------
WP (C) No. 39137 of 2024
--------------------------------------
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 Exhibits.P7, Order in File No.3682/2024
dated 31.07.2024 issued by 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 Re.Sy.No.59/17 in Block No.45
of Vadakkencherry-I Village, Alathur Taluk in Palakkad District
from the Data bank. And
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.
iv) Issue such other writ, order or direction which this
2025:KER:76830
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.P7 order passed
by 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 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
2025:KER:76830
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 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
2025:KER:76830
aside.
Therefore, this Writ Petition is allowed in the following
manner:
1. Ext.P7 order is set aside.
2. The 2nd 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 such
pictures. On the other hand, if the authorised
officer opts to personally inspect the property,
2025:KER:76830
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
SKS
Judgment reserved NA
Date of Judgment 15/10/25
Judgment dictated 15/10/25
Draft judgment placed 16/10/25
Final judgment uploaded 17/10/25
2025:KER:76830
APPENDIX OF WP(C) 39137/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 20.10.2024
Exhibit P2 TRUE COPY OF THE LOCATION MAP DATED
16.02.2023 ISSUED BY THE 4TH RESPONDENT
Exhibit P3 TRUE COPY OF THE RECEIPT
NO.1241401405/G091207 DATED 10.05.2024
ISSUED FROM THE VADAKKENCHERRY GRAMA
PANCHAYAT
Exhibit P4 TRUE COPY OF THE APPLICATION DATED
17.02.2023 SUBMITTED BEFORE THE 2ND
RESPONDENT
Exhibit P5 PHOTOGRAPHS OF THE PETITIONER'S PROPERTY
Exhibit P6 TRUE COPY OF THE JUDGEMENT IN W.P.(C)
NO.36334/2022 OF THIS HON'BLE COURT DATED
01.11.2023
Exhibit P7 TRUE COPY OF THE ORDER IN FILE
NO.3682/2024 DATED 31.07.2024 ISSUED BY
2ND RESPONDENT
