Kerala High Court
Lt. Col. Raghavan K.K., (Retired) vs State Of Kerala on 15 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 29538 of 2023
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2025:KER:77179
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. 29538 OF 2023
PETITIONER(S):
LT. COL. RAGHAVAN K.K., (RETIRED),
AGED 72 YEARS, SURYODAYAM, CHAMPAD P.O., THALASSERY
TALUK, KANNUR DISTRICT, PIN - 670694
BY ADVS.
SRI.C.P.PEETHAMBARAN
SMT.RAMSEENA UDAYAKUMAR
SMT.NEERAJA VENUGOPAL
RESPONDENT(S):
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR,
KANNUR DISTIRCT, CIVIL STATION, THAVAKKARA, KANNUR
DISTRICT, PIN - 670002
3 THE REVENUE DIVISIONAL OFFICER,
THALASSERY, PALISSERY, THALASSERY, KANNUR DISTRICT,
PIN - 670101
4 THE CONVENOR/AGRICULTURAL OFFICER,
LOCAL LEVEL MONITORING COMMITTEE, PANNIYANNUR GRAMA
PANCHAYATH, KRISHI BHAVAN, PANNIYANNUR P.O., KANNUR
DISTRICT, PIN - 670672
BY ADV
SMT JESSY S SALIM, GOVERNMENT PLEADER
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. 29538 of 2023
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 29538 of 2023
------------------------------------------------------
Dated this the 15th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"(i). call for records connecting Exhibit P-7 order No.
RDOTLY/476/2021-K K.Dis dated 25/3/2021 from the 3rd
respondent and quash Sl. No. 2 in Exhibit P-7 order by
issuing a Writ of Certiorari or any other appropriate Writ,
Order or Direction;
(ii). issue a Writ of Mandamus or any other appropriate
Writ, Order or Direction, directing the 3rd Respondent to
allow Exhibit P-5 Application in its entirety and remove
the property mentioned in Item No. 2 of Exhibit P-7 from
the data bank, within a time frame fixed by this Hon'ble
Court.
(iii). Petitioner also prays that this Hon'ble Court may be
pleased to dispense with the English translation of the
documents produced in the Vernacular Language.
And
(iv). Such other reliefs as deem fit and proper by this
Hon'ble Court in the facts and circumstances of the
case."[SIC]
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2. The petitioner is aggrieved by Ext.P7 order
passed by the 3rd respondent rejecting Ext.P5 Form - 5
application submitted by 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 raised by him.
3. Heard the learned counsel for petitioner and
the learned Government Pleader.
4. The counsel for the petitioner submitted that,
as per Ext.P10 data bank, as evident from Sl.No.74,
altogether 45 cents (0.45 Acre) of property of the
petitioner is included in the data bank. As per Ext.P6,
37.350 cent is already excluded from the data bank.
Thereafter, Ext.P7 order is passed, by which 22.304 cents
of property is retained as data bank. That itself shows
that there is no application of mind.
5. This Court perused the impugned order. I am
of the considered opinion that the authorised officer has
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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.
6. 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
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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.P7 order is set aside.
2. The 3rd respondent/authorised officer is
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
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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) 29538/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO.
387/1996 OF SUB REGISTRAR'S OFFICE,
PANNOOR DATED 12.03.1996
Exhibit P2 TRUE COPY OF THE SALE DEED NO.
1713/2011 OF SUB REGISTRAR'S OFFICE,
PANNOOR DATED 18.10.2011
Exhibit P3 TRUE COPY OF THE SALE DEED NO.
1071/2012 OF SUB REGISTRAR'S OFFICE,
PANNOOR DATED 13.06.2012
Exhibit P4 TRUE PHOTOGRAPH SHOWING THE
PETITIONER'S PROPERTY AND THE HOUSE
THEREIN
Exhibit P5 TRUE COPY OF THE APPLICATION DATED
7/12/2020 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P6 TRUE COPY OF THE ORDER NO.
RDOTLY/476/2021-K K.DIS DATED
25/3/2021 OF THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF THE ORDER NO.
RDOTLY/476/2021-K K.DIS DATED
25/3/2021 OF THE 3RD RESPONDENT
Exhibit P8 TRUE COPY OF THE REPORT DATED NIL OF
THE 4TH RESPONDENT
Exhibit P9 TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 25/11/2010 PUBLISHED IN THE
KERALA GAZETTE ON 24/3/2012
Exhibit P10 TRUE COPY OF THE DATA BANK PUBLISHED
BY THE LOCAL SELF GOVERNMENT (RD)
DEPARTMENT GOVERNMENT OF KERALA DATED
NIL OF PANNIYANNUR GRAMA PANCHAYATH,
KANNUR DISTRICT
