Kerala High Court
Muhammed Arifudheen E vs State Of Kerala on 17 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 38697 OF 2025 1
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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. 38697 OF 2025
PETITIONER/S:
MUHAMMED ARIFUDHEEN E.
AGED 26 YEARS
S/O E. ABDUL LATHEEF, ELANCHEERI, MUNDAKKULAM,
MUTHUPARAMBA P O, MUTHUVALLUR, MALAPPURAM DISTRICT.,
PIN - 673638
BY ADVS.
SMT.P.SAREENA GEORGE
SMT.AVILA VICTORIA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
GOVT SECRETERIATE THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER,
PERINTHALMANNA, OFFICE AT SANTHI NAGAR, MALAPPURAM,
PIN - 673648
3 THE DEPUTY COLLECTOR (DM)
TO KONDOTTY TALUK OFFICE OFFICE AT COLLECTORATE,
CIVIL STATION, MALAPPURAM,, PIN - 676505
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4 THE TAHSILDAR,
KONDOTTY TALUK OFFICE, KONDOTTY,, PIN - 673638
5 THE VILLAGE OFFICER
VILLAGE OFFICE, MUTHVALLUR,, PIN - 673638
6 THE AGRICULTURE OFFICER
KRISHI BHAVAN, MUTHVALLUR, EDAVANNAPPARA- AIR PORT
ROAD,, PIN - 673638
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
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WP (C) No. 38697 of 2025
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Dated this the 17th day of October, 2025
JUDGMENT
This writ petition is filed seeking the following reliefs:
"i) issue a writ of certirari or other appropriate writ or
order to set aside Exhibit P-4 order issued by 3rd respondent
ii) issue a writ of mandamus or other appropriate writ,
order or direction, directing the respondents to remove
petitioner's property from data bank.
iii) Declare that the property of 6 .66 Ares of land made
up of 3.30 Ares in Re Survey No.174/22, 0.53 Ares in Re Survey
No. 174/8-4, and 2.83 Ares in Re Sy No. 174/13-1 in Block 13,
Muthuvallur Village, Kondotty Taluk, Malappuram District is
not a paddy land.
iv) Dispense with the translation of vernacular
documents.
v) Issue such other appropriate writ, order or direction
which this Hon'ble Court may deem fit in the circumstances of
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the case. "[SIC]
2. The petitioner is aggrieved by Ext.P4 order
passed by the 3rd respondent rejecting Form - 5 application
submitted by him 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 for 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
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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 in the above
judgments. Therefore, I am of the considered opinion that the
impugned order is to be set aside.
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Therefore, this Writ Petition is allowed in the following
manner:
1. Ext.P4 order is set aside.
2. The 3rd respondent/authorised officer is
directed to reconsider Ext.P3 Form - 5
application 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, if not already called for.
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
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production of a copy of this judgment by the
petitioner.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 17/10/25
Judgment dictated 17/10/25
Draft judgment placed 18/10/25
Final judgment uploaded 21/10/25
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APPENDIX OF WP(C) 38697/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED
30-9-25 ISSUED BY THE 5TH RESPONDENT
Exhibit P2 . A TRUE COPY OF POSSESSION CERTIFICATE
DATED 4/10/2025 ISSUED BY 5TH RESPONDENT
Exhibit P3 A TRUE COPY OF THE APPLICATION IN FORM 5
BEARING NO.21/2023/63172 DATED 13/12/2023
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P4 A TRUE COPY OF PROCEEDINGS DATED 17-4-25
BEARING FILE NO. 388/2025 ISSUED BY 3RD
RESPONDENT
