Kerala High Court
Nadirsha P I vs State Of Kerala on 21 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 38806 OF 2025 1
2025:KER:78178
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. 38806 OF 2025
PETITIONER/S:
NADIRSHA P I
AGED 60 YEARS
S/O. IBRAHIMKUTTY P.A(LATE), PALLATHUKADAVIL (H),
THURAVUMKARA, THURAVUMKARA P.O., ERNAKULAM DISTRICT,
PIN - 683575
BY ADVS.
SRI.AVANEESH KOYIKKARA
SMT.MANJUSHA K.U.
SHRI.ASHWIN SUNIL KUMAR
SHRI.FELIX JOHN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
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 DISTRICT, PIN - 695033
3 DEPUTY COLLECTOR (L.A)
WP(C) NO. 38806 OF 2025 2
2025:KER:78178
ERNAKULAM COLLECTORATE, KAKKANAD POST, ERNAKULAM
DISTRICT, PIN - 682030
4 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI FORT KOCHI
POST, ERNAKULAM DISTRICT, PIN - 682001
5 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
SREEMOOLANAGARAM, KRISHI BHAVAN, SREEMOOLANAGARAM,
SREEMOOLANAGARAM POST, ERNAKULAM DISTRICT, PIN -
683580
6 AGRICULTURAL OFFICER
KRISHI BHAVAN, SREEMOOLANAGARAM, SREEMOOLANAGARAM
POST, ERNAKULAM DISTRICT, PIN - 683580
7 VILLAGE OFFICER CHOWARA
VILLAGE OFFICE CHOWARA, CHOWARA POST, ERNAKULAM
DISTRICT, PIN - 683581
OTHER PRESENT:
GP SMT DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 38806 OF 2025 3
2025:KER:78178
P.V.KUNHIKRISHNAN, J
--------------------------------------
WP (C) No. 38806 of 2025
--------------------------------------
Dated this the 21st day of October, 2025
JUDGMENT
This writ petition is filed seeking the following reliefs:
"i. "To issue a Writ of certiorari or any other appropriate
writ, order, or direction, quashing Exhibit P4 Order as unjust
and illegal;
ii. 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 5th Respondent;
iii. 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;
iv. To issue a writ of mandamus or any other appropriate
writ, order, or direction, commanding the 3rd Respondent to
pass fresh orders 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,
2025:KER:78178
within a time frame of two months or such period as this
Hon'ble Court may fix;
v. Pass any other orders or directions that this Hon'ble
Court may deem fit and proper in the interest of Justice.
vi. Dispense with the translation of the documents
produced in the vernacular language. And vii. Award cost.
"[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 based on the report of the
Agricultural Officer. Even though KSREC report is
2025:KER:78178
available, the same is not properly considered by the
authorised officer. 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 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.
2025:KER:78178
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
2025:KER:78178
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 22/10/25
Final judgment uploaded 23/10/25
2025:KER:78178
APPENDIX OF WP(C) 38806/2025
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE LAND TAX RECEIPT DATED
20.05.2025 ISSUED BY THE CHOWARA 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, ALONG WITH A TYPED COPY DATED
06.05.2022
Exhibit P4 THE TRUE COPY OF THE ORDER NO. 1869/2024
DATED 19.02.2025 ISSUED BY THE 3RD
RESPONDENT
Exhibit P5 A COPY OF THE KSREC REPORT NO.A-
172/2015/KSREC/003809/24
