Kerala High Court
Rekha D vs The District Collector, Palakkad on 17 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 38580 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. 38580 OF 2025
PETITIONER:
REKHA D.
AGED 42 YEARS
W/O. DWARARAJAN, NAIDU'S HOUSE, PULACHITHARA, P.O.
VANIYAMKULAM, OTTAPALAM TALUK, PALAKKAD DISTRICT,
PIN - 679522
BY ADVS.
SRI.P.JAYARAM
SHRI.O.M.RAVI
SRI.P.B.AJOY
SHRI.A.M.THOMAS (AYKAN)
SHRI.NANDHA KUMAR V.H.
SHRI.AKHIL KRISHNAN A.
RESPONDENTS:
1 THE DISTRICT COLLECTOR, PALAKKAD
CIVIL STATION, PALAKKAD DISTRICT, PIN - 678001
2 THE REVENUE DIVISONAL OFFICER
REVENUE DIVISONAL OFFICE, OTTAPALAM, PALAKKAD, PIN -
679101
3 THE AGRICULTURAL OFFICER
CONVENOR OF THE LOCAL LEVEL MONITORING COMMITTEE,
VANIYAMKULAM-I VILLAGE, P.O VANIYAMKULAM, PALAKKAD
WP(C) NO. 38580 OF 2025
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DISTRICT, PIN - 679522
4 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
AGRICULTURE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
OTHER PRESENT:
GP SMT DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 38580 OF 2025
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P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.38580 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) Issue a writ of Certiorari or other appropriate writ,
direction or order quashing Exhibit P1 order.
ii) Declare that the provisions of Kerala Conservation
of Paddy Land and Wet Land Act do not apply to the
petitioner's property covered by Exhibit P8 sale deed.
iii) Grant such other reliefs as this Honourable Court
may deem fit and proper in the facts and
circumstances of the case including the one
dispensing with the filing of the English translation of
vernacular documents/Exhibits." (SIC)
2. The petitioner is aggrieved by Ext.P1 order passed
by the 2nd respondent, by which an application submitted by
the petitioner under Form 5 in accordance to the Kerala
Conservation of Paddy Land and Wetland Act and Rules, 2008,
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(for short, the Act and the Rules) is rejected.
3. Heard the learned counsel 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 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 This Court in Muraleedharan Nair R v.
Revenue Divisional Officer [2023 (4) KHC 524],
Sudheesh U v. The Revenue Divisional Officer, Palakkad
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[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:
a) Ext.P1 order is set aside.
b) The 2nd respondent/authorised officer is
directed to reconsider 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)
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of the Rules, at the cost of the petitioner.
c) 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 receipt of a certified copy
of this judgment by the petitioner.
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) 38580/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 03/04/2025, FILE
NO.596/2025, APPLICATION NO.69/2023/1322665,
ISSUED BY THE REVENUE DIVISIONAL OFFICER,
OTTAPALAM REJECTING THE FORM-5 APPLICATION
EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED
03/04/2025 ISSUED IN THE NAME OF THE
PETITIONER FROM VANIYAMKULAM-I VILLAGE
EXHIBIT P3 TRUE COPY OF THE LOCATION SKETCH/MAP PREPARED
BY VILLAGE OFFICER, VANIYAMKULAM-I VILLAGE
SHOWING THE LOCATION OF PETITIONER'S PROPERTY
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE NO.716/2023 DATED
20/12/2023 ISSUED BY VILLAGE OFFICER,
VANIYAMKULAM-I VILLAGE WITH RESPECT TO
PETITIONER'S PROPERTY
EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
22/11/2023 ISSUED FROM VANIYAMKULAM-I VILLAGE
WITH RESPECT TO PETITIONER'S PROPERTY
EXHIBIT P6 TRUE COPY OF THE ENTRY IN THE DATA BANK WITH
RESPECT TO PETITIONER'S PROPERTY
EXHIBIT P7 TRUE COPY OF THE BUILDING PERMIT ISSUED AND
PLAN DATED 04/07/2009 APPROVED BY VANIYAMKULAM
GRAMA PANCHAYATH FOR EARLIER OWNER OF THE
PETITIONER'S PROPERTY, USHA RANI, TO BUILD A
HOUSE AT THE PETITIONER'S PROPERTY
EXHIBIT P8 TRUE COPY OF THE SALE DEED NO. 3391/2023, SRO
OTTAPALAM, DATED 20/10/2023, WHEREBY,
PETITIONER PURCHASED THE PROPERTY, BONAFIDE
UNDER VALID CONSIDERATION FROM USHA RANI
EXHIBIT P9 PHOTOGRAPHS SHOWING THE PRESENT TOPOGRAPHY OF
THE PETITIONER'S PROPERTY
