Kerala High Court
Zeenath Rahman vs Deputy Collector (R.R)/Rdo Thrissur on 16 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 38246 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF OCTOBER 2025 / 24TH ASWINA, 1947
WP(C) NO. 38246 OF 2025
PETITIONER(S):
ZEENATH RAHMAN
AGED 45 YEARS
D/O. ABDUL RAHMAN, PEDIKATTU HOUSE, 1/1106,
PADAMUGAL, KAKKANAD, ERNAKULAM DISTRICT,
KERALA, PIN - 682030
BY ADVS.
SHRI.K.J.MOHAMMED ANZAR
SMT.P.K.MINIMOLE
SHRI.A.RADHAKRISHNAN NAIR
SHRI.BAPPU GALIB SALAM
SHRI.G.MOTILAL
SMT.SUVARNAKUMARI P.
RESPONDENT(S):
1 DEPUTY COLLECTOR (R.R)/RDO THRISSUR
FIRST FLOOR, CIVIL STATION, CIVIL LINES RD,
KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA, PIN
- 680003
2 LOCAL LEVEL MONITORING COMMITTEE
BEING REPRESENTED BY ITS CONVENOR, THE
AGRICULTURAL OFFICER PUTHUR, KRISHI BHAVAN,
THRISSUR MANNAMANGALAM RD, PUTHUR, THRISSUR,
KERALA, PIN - 680014
W.P.(C) No. 38246 of 2025
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3 AGRICULTURAL OFFICER PUTHUR
KRISHI BHAVAN, THRISSUR MANNAMANGALAM RD,
PUTHUR, THRISSUR, KERALA, PIN - 680014
BY ADV.
GP, SMT. DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 38246 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 38246 of 2025
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Dated this the 16th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i. Call for the records relating to Ext. P4 order
of the 1st Respondent Dy. Collector (R.R)/RDO Thrissur
and to quash the same order by issuing a Writ of
Certiorari or any other Writs, Orders or Directions .
ii. Issue a Writ of Mandamus, or any other
appropriate Writ, Order or Direction the 1 st Respondent
Dy. Collector (R.R)/RDO Thrissur to reconsider Ext. P3
application in Form 5 afresh, after obtaining the
necessary reports including Satellite reports from the
KSREC, and after conducting physical inspection of the
property in person; and allow the said application, by
passing appropriate orders thereon in accordance with
law, after taking into consideration the ground realities,
and after hearing the Petitioner.
iii. Declare that the property of the Petitioner
having a total extent of 19.19 Ares of property, split up
into 2 extents of 18.62 Ares comprised in Re-Sy. No.
15/10; and 0.57 Ares comprised in Re-Sy. No. 16/117
situated at Block 072 of Marathaakkara Village, Thrissur
Taluk in Thrissur District, covered by Ext. P3 application
is dry/garden land, having all the characterisation of
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Purayidam and therefore the inclusion of 19.19 Ares of
the property in the data bank is liable to be excluded.
iv. Issue such other and further writs, orders or
directions as this Hon'ble Court deems fit and proper in
the facts and circumstances of the case.
v. Dispense with the filing of the translation of
vernacular documents"[SIC]
2. The petitioner is aggrieved by the order passed
by the 1st 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 appearing for the
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
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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 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
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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.P4 order is set aside.
2. The 1st respondent/authorised officer is
directed to reconsider Ext.P3 Form - 5
application submitted by the petitioner 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
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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
DM
Judgment reserved NA
Date of Judgment 16.10.2025
Judgment dictated 16.10.2025
Draft Judgment placed 17.10.2025
Final Judgment uploaded 18.10.2025
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APPENDIX OF WP(C) 38246/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT
DATED 09.12.2024
EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.
437/I/08 DATED 21.01.2008 OF SRO
KUTTANALLUR
EXHIBIT P3 TRUE COPY OF THE APPLICATION IN FORM-5
HAVING FILE NO. 100/2025/29020 DATED
26.07.2025
EXHIBIT P4 TRUE COPY OF THE ORDER IN FILE NO.
4311/2025 DATED 25.09.2025
