Kerala High Court
Anandan vs The Deputy Collector (Rr) on 21 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 17861 OF 2025 1
2025:KER:78871
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 21ST DAY OF OCTOBER 2025 / 29TH ASWINA, 1947
WP(C) NO. 17861 OF 2025
PETITIONER/S:
ANANDAN,
AGED 60 YEARS
S/O SANKARANKUTTY, THANDIYEKKAL HOUSE, KOLAKKUNDU,
MANNAMANGALAM P.O., THRISSUR DISTRICT, PIN -
680014
BY ADVS.
SRI.BINOY VASUDEVAN
SRI.SREEJITH SREENATH
RESPONDENT/S:
1 THE DEPUTY COLLECTOR (RR),
THE AUTHORISED OFFICER UNDER THE PROVISIONS OF
KERALA CONSERVATION OF PADDY LAND AND WET LAND
ACT,2008 (EXERCISING THE POWERS OF THE REVENUE
DIVISIONAL OFFICER UNDER THE SAID ACT),
COLLECTORATE,CIVIL STATION,AYYANTHOLE, THRISSUR,
PIN - 680003
2 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN,AVANUR P.O.,THRISSUR DISTRICT, PIN -
680541
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3 THE VILLAGE OFFICER,
AVANUR VILLAGE,AVANUR P.O.,THRISSUR DISTRICT, PIN
- 680541
OTHER PRESENT:
GP SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.10.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J
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WP (C) No. 17861 of 2025
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Dated this the 21st day of October, 2025
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i. "Issue a Writ of Certiorari or any other
appropriate Writs, Orders or directions to call for the
records leading to Exhibit P-5 decision of the 1st
respondent and to quash the same;
ii. Issue a Writ of Mandamus or any other appropriate
Writs, Orders or directions, commanding the 1st respondent
to reconsider the application preferred in Form No.5 and to
exclude the property from the data bank as expeditiously as
possible at any rate within a time frame to be fixed by this
Hon'ble Court, in the interest of justice;
iii. To dispense with the production of English
Translation of Malayalam Exhibits produced along with the
Writ Petition in the interest of justice;
iv. Render such other orders as this Hon'ble Court
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may deem fit and proper in the facts and circumstances of
the case. "[SIC]
2. The petitioner is aggrieved by Ext.P5 order
passed by the 1st 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
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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 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
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set aside.
Therefore, this Writ Petition is allowed in the
following manner:
1. Ext.P5 order is set aside.
2. The 1st respondent/authorised officer is
directed to reconsider Ext.P4 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
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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 petitioner.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 21/10/25
Judgment dictated 21/10/25
Draft judgment placed 23/10/25
Final judgment uploaded 23/10/25
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APPENDIX OF WP(C) 17861/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF COPY OF DOCUMENT
NO.3611/2010 DATED 15-11-2010 OF S.R.O.
MUNDUR
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
27-05-2024 ISSUED BY THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFIED DATA BANK FOR AVANUR GRAMA
PANCHAYAT PUBLISHED IN THE KERALA
GAZETTE DATED 14-01-2021
Exhibit P4 TRUE COPY OF THE APPLICATION IN FORM
NO.5 SUBMITTED BY THE PETITIONER ON 03-
06-2024
Exhibit P5 TRUE COPY OF ORDER NO.4200/2024 DATED
05-12-2024 ISSUED BY THE 1ST RESPONDENT
