Kerala High Court
Salahudeen Shaiju vs The Deputy Collector (R. R) on 17 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C).No.38516 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. 38516 OF 2025
PETITIONER:
SALAHUDEEN SHAIJU
AGED 51 YEARS
S/O. SALAHUDEEN, KUZHIYAZHIKOM VEEDU, MUKKAM,
MAYYANADU P.O, KOLLAM DISTRICT., PIN - 691303
BY ADV SHRI. RAJ CAROLIN V.
RESPONDENTS:
1 THE DEPUTY COLLECTOR (R. R),
RDO, U/S. 2(XVA), VARKALA TALUK, REVENUE DIVISIONAL
OFFICE, 1ST FLOOR, CIVIL STATION BUILDING,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM DISTRICT., PIN -
695044
2 THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR,
REVENUE DIVISIONAL OFFICER THIRUVANANTHAPURAM, CIVIL
STATION BUILDING, 1ST FLOOR, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM DISTRICT.,, PIN - 695043
3 THE VILLAGE OFFICER,
OTTOOR VILLAGE OFFICE, VARKALA TALUK, PALACHIRA,
THIRUVANANTHAPURAM DISTRICT., PIN - 695143
4 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN NAVAIKULAM, NAVAIKKULAM,
THIRUVANANTHAPURAM DISTRICT., PIN - 695603
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5 THE DIRECTOR, KERALA STATE REMOTE SENSING AND
ENVIRONMENT CENTRE (KSREC),
C BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM DISTRICT.,
PIN - 695033
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:
W.P.(C).No.38516 of 2025
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P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.38516 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 any other appropriate
Writ, Order or Direction calling for the records leading
to Exhibit P5 and quash the same.
ii) issue a Writ of Mandamus or any other appropriate
Writ, Order or Direction commanding the competent
among respondents 1 and 2 to reconsider Exhibit P3
application in Form 5 after obtaining report from the
5th respondent and in the light of judgements in
Adani Infrastructure & Developers Pvt. Ltd. ,
Mumbai and Others v. State of Kerala and
Others [2014 (1) KHC 685], Muraleedharan Nair
R. v. Revenue Divisional Officer [2023 (4) KHC
524], Aparna Sasi Menon v. Revenue Divisional
Officer, Irinjalakuda [2023 (6) KHC 83], Ashique
v. Revenue Divisional Officer (R. D. O.) [2024
KHC 1145] and direct to make necessary corrections
in the Data Bank maintained at the office of the 4th
respondent by deleting the land covered by Exhibit P1
from the Data Bank.
iii) Dispense with the production of the English
translation of Exhibits which are in vernacular
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language; and
iv) grant such other reliefs as this Court deems fit in
the facts and circumstances of the case." (SIC)
2. The petitioner is aggrieved by Ext.P5 order passed
by the 1st 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,
(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
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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
[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.P5 order is set aside.
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b) The 2 nd
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.
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) 38516/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTERED SALE DEED NO.
95/2025 DATED 24/01/2025 OF KAVALAYOOR SRO
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT BEARING
NO. KL010610175214/2025 DATED 09/10/2025
ISSUED BY THE 3RD RESPONDENT VILLAGE
OFFICER
EXHIBIT P3 TRUE COPY OF THE FORM 5 APPLICATION NO.
7/2024/401219 DATED 07/03/2025 SUBMITTED
BEFORE THE 2ND RESPONDENT
EXHIBIT P4 TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE
COURT IN WP(C) NO. 41699 OF 2024 DATED
08/01/2025
EXHIBIT P5 TRUE COPY OF THE ORDER BEARING FILE NO.
338/2025 DATED 29/05/2025 PASSED BY THE
1ST RESPONDENT
