Kerala High Court
Nowfel vs State Of Kerala on 16 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 38303 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. 38303 OF 2025
PETITIONER(S):
1 NOWFEL
AGED 43 YEARS
S/O. ABDURAHMAN HAJI, ULPURATH, THAZHECODE,
KOZHIKODE, PIN - 673582
2 NAJNA C
AGED 35 YEARS
W/O. NAUFAL, ULPURATH, THAZHECODE, KOZHIKODE,
PIN - 673582
BY ADVS.
SRI.A.BALAGOPALAN
SHRI.A.RAJAGOPALAN
SHRI.M.N.MANMADAN
SRI.M.S.IMTHIYAZ AHAMMED
SMT.P.SEENA
SMT.SRUTHY R. MENON
SHRI.ACHUTH J. WARRIER
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY THE REVENUE SECRETRARY, SECRETARIAT,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
2 DISTRICT COLLECTOR KOZHIKODE
CIVIL STATION, ERANHIPPALAM, WAYANAD ROAD,
ERANHIPALAM, KOZHIKODE, PIN - 673020
W.P.(C) No. 38303 of 2025
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3 REVENUE DIVISIONAL OFFICER
CIVIL STATION, ERANHIPPALAM, WAYANAD ROAD,
ERANHIPALAM, KOZHIKODE, PIN - 673020
4 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
REPRESENTED BY ITS DIRECTOR, 1ST FLOOR, VIKAS
BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF
KERALA SENATE HOUSE CAMPUS, PMG, THIRUVANANTHAPURAM,
KERALA, PIN - 695033
BY ADV.
SMT. VIDYA KURIAKOSE, SR GP
SRI.VISHNU S. CHEMPAZHANTHIYIL, SC, KSREC
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. 38303 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 38303 of 2025
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Dated this the 16th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following reliefs:
"(a) to call for the records leading to Exhibits P7 order,
scrutinize the same and quash the same by the issuance of a
writ in the nature of certiorari or any other appropriate writ,
order or direction;
(b) Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction directing the 3 rd
respondent to exclude the petitioners' property from the data
bank prepared by Koduvally Municipality;
(c) Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction directing the 3 rd
respondent to consider and dispose of Exhibit P2 application
afresh after giving the petitioners an opportunity of being
heard, within a time frame fixed by this Hon'ble Court;
(e) issue any other appropriate writ, order or direction,
as this Hon'ble Court may deem fit and proper in the facts and
circumstances of the case;
(f) award the costs of the petitioners in these
proceedings."[SIC]
2. The petitioners are aggrieved by the order passed by
the 3rd respondent rejecting Form - 5 application submitted by
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them under the Kerala Conservation of Paddy Land and
Wetland Rules, 2008 ('Rules', for brevity). The main grievance
of the petitioners is that the authorised officer has not
considered the contentions of the petitioners.
3. Heard the learned counsel appearing for the
petitioners 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 Village 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.
5. This Court in Muraleedharan Nair R v. Revenue
Divisional Officer [2023 (4) KHC 524], Sudheesh U v. The
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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 is allowed in the following
manner:
1. Ext.P7 order is set aside.
2. The 3rd respondent/authorised officer is directed
to reconsider Ext.P2 Form - 5 application
submitted by the petitioners in accordance with
law. The authorised officer shall either conduct
a personal inspection of the property or,
alternatively, call for the satellite pictures, in
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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
petitioners.
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) 38303/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF SALE DEED NO. 3917 OF
2013 OF THE SRO KODUVALLY
EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONERS IN FORM NO. 5 DATED
14.09.2021 BEFORE THE 3RD RESPONDENT
EXHIBIT P3 THE TRUE COPY OF THE RECEIPT NO. 510335/21
DATED 15.11.2021 ISSUED BY THE OFFICE OF
THE 3RD RESPONDENT
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED
26.05.2025 SUBMITTED BY THE 2ND PETITIONER
BEFORE THE 3RD RESPONDENT UNDER RIGHT TO
INFORMATION ACT
EXHIBIT P5 TRUE COPY OF THE RECEIPT NO. 1396023/25-G
DATED 27.05.2025 ISSUED BY THE OFFICE OF
THE 3RD RESPONDENT
EXHIBIT P6 THE TRUE COPY OF THE COVERING LETTER NO.
RDOKKD/1059/2025-C2 DATED 05.06.2025
ISSUED BY THE OFFICE OF THE 3RD RESPONDENT
TO THE 2ND PETITIONER
EXHIBIT P7 THE TRUE COPY OF THE ORDER PASSED BY THE
3RD RESPONDENT DATED 03.01.2023 IN EXHIBIT
P2 APPLICATION SUBMITTED BY THE
PETITIONERS, RECEIVED BY THEM ON
07.06.2025
