Kerala High Court
Shameela P vs State Of Kerala on 17 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 35895 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
WP(C) NO. 35895 OF 2025
PETITIONER:
SHAMEELA P
AGED 44 YEARS
W/O DASAN A, IKKAL HOUSE, KALLOORI, KADAVU, AROLI
POST, KANNUR DIST., REPRESENTED BY HER POWER OF
ATTORNEY HOLDER SHIBU P, AGED 40 YEARS, S/O RAJAN,
PANNERI HOUSE, KALLOORI, PAPPINISSERI, AROLI POST,
KANNUR DIST., PIN - 670561
BY ADVS.
SRI.AVANEESH KOYIKKARA
SMT.MANJUSHA K.U.
SHRI.ASHWIN SUNIL KUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTER
REPRESENTED BY ITS DIRECTOR, 1ST FLOOR, C BLOCK,
VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY
OF KERALA SENATE HOUSE CAMPUS, PMG, VIKAS BHAVAN
POST, THIRUVANANTHAPURAM DIST, PIN - 695033
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3 DEPUTY COLLECTOR (DM)
COLLECTORATE, CIVIL STATION, KANNUR POST,KANNUR
DIST, PIN - 670002
4 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE THALIPARAMBA, THALIPARAMBA
HEAD POST, KANNUR DIST., PIN - 670141
5 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KRISHI BHAVAN, CHERUTHAZHAM, MANDOOR POST, KANNUR
DIST, PIN - 670501
6 AGRICULTURAL OFFICER
KRISHI BHAVAN, CHERUTHAZHAM, MANDOOR POST, KANNUR
DIST, PIN - 670501
OTHER PRESENT:
SR GP SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
---------------------
W.P.(C).No.35895 of 2025
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Dated this the 17th day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:-
"i. To issue a Writ of certiorari or any other appropriate
writ or, order, or direction, quashing Exhibit P2 to the
extent to which the land of the petitioner is included
as paddy land in the Data Bank prepared by the 5 th
respondent;
ii. To declare the land in question does not fall under
the purview of a paddy land or wet land defined in the
Act and therefore liable to be removed from the Data
Bank;
iii. To issue a writ of mandamus or any other
appropriate writ, order, or direction, commanding the
3rd respondent to consider and pass orders in Exhibit
P3, the Form 5 application to removing the entries
regarding the petitioner's property from the Data
Bank, after strictly following the procedures prescribed
in law and take steps to publish an erratum
notification in Kerala Gazette for the same, within a
time frame to be fixed by this Hon'ble Court;
iv. Pass any other orders or directions that this Hon'ble
Court may deem fit and proper in the interest of
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Justice.
v. Dispense with the translation of the documents
produced in the vernacular language. And
vi. Award cost." (SIC)
2. According to the petitioner, she is the absolute
owner and title holder of an extent of 4.05 Ares of land
comprised in Block No.147, Resurvey No.328/127 of
Cheruthazham Village in Kannur District. Ext.P1 is the land tax
receipt.
3. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that the
petitioner submitted Ext.P3 application in Form 5 in accordance
to the Kerala Conservation of Paddy Land and Wetland Act and
Rules, 2008, (for short, the Act and the Rules) seeking deletion
of the property from the databank and the same may be
directed to be considered.
3. Heard the learned counsel for the petitioner and the
learned Government Pleader.
4. After hearing both sides, I think that prayer can be
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allowed. Therefore, this Writ Petition is disposed of with the
following directions:
a) The 6th respondent/Agricultural Officer is
directed to submit necessary report on Ext.P3
application within one month from the date of
receipt of a certified copy of this judgment.
b) Once a report is received, the 4 th respondent
/ competent authority will consider Ext.P3 (if it is
received and pending as on today and it is in
order) and pass appropriate orders in it, as
expeditiously as possible, at any rate within
three months from the date of receipt of a
report from the 6th respondent/Agricultural
Officer.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
Judgment reserved NA
Date of Judgment 17/10/25
Judgment dictated 17/10/25
Draft Judgment placed 17/10/25
Final Judgment uploaded 18/10/25
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APPENDIX OF WP(C) 35895/2025
PETITIONER EXHIBITS
EXHIBIT P1 A COPY OF THE LAND TAX RECEIPT DATED
30.01.2025 ISSUED BY THE CHERUTHAZHAM
VILLAGE OFFICER
EXHIBIT P2 A COPY OF THE RELEVANT PAGE OF THE DATA
BANK PUBLISHED ON 24.03.2012
EXHIBIT P3 A COPY OF THE FORM 5 APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE 3RD
RESPONDENT DATED 30.01.2025, ALONG WITH
THE FEE RECEIPT
