Kerala High Court
Prinu P Simon vs The State Of Kerala on 22 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 7496 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
WP(C) NO. 7496 OF 2025
PETITIONER:
PRINU P SIMON,
AGED 41 YEARS
S/O. P.P. SIMON, CHENNOTH PANICHIKUZHIYIL,
PAZHUKKAMATTOM, THIRUVANIYOOR P.O, ERNAKULAM
DISTRICT, PIN - 682308
BY ADV SRI.V.S.ANU MON
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE,THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR,
ERNAKULAM DISTRICT, CIVIL STATION,KAKKANAD,
ERNAKULAM, PIN - 682030
3 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
MUVATTUPUZHA,RDO OFFICE, MUVATTUPUZHA, ERNAKULAM,
PIN - 686673
4 THE DEPUTY COLLECTOR (LR),
FOR KUNNATHUNADU TALUK, CIVIL STATION,KAKKANAD,
ERNAKULAM, PIN - 682030
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5 THE DEPUTY COLLECTOR (RR),
FOR KUNNATHUNADU TALUK, CIVIL STATION,KAKKANAD,
ERNAKULAM, PIN - 682030
6 THE TAHSILDAR,
KUNNATHUNADU TALUK, TALUK OFFICE,KUNNATHUNADU,
ERNAKULAM DISTRICT, PIN - 683543
7 THE VILLAGE OFFICER,
THIRUVANIYOOR VILLAGE OFFICE,THIRUVANIYOOR,
ERNAKULAM, PIN - 682308
8 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, THIRUVANIYOOR, ERNAKULAM, PIN -
682308
9 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
1ST FLOOR, VIKASBHAVAN, UNIVERSITY OF KERALA SENATE
HOUSE CAMPUS, PMG, THIRUVANANTHAPURAM, PIN - 695033
OTHER PRESENT:
GP SMT JESSY S.SALIM
HIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.7496 of 2025
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Dated this the 22nd 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 to quash Exhibit P-4 order of
the 4th respondent.
ii) Issue a Writ of Mandamus or any other appropriate
Writ, order or direction directing the 3rd respondent or
the officer authorised under Section 2(XVA) of 'The
Kerala Conservation of paddy land and wet land Act,
2008' to re-consider Exhibit P-3 'Form 5' application
filed by the petitioner, after calling forward the
satellite maps and fresh reports from the respondents
7, 8 and 9, and also after hearing the petitioner, within
a time frame fixed by this Hon'ble Court.
iii) Issue a writ of mandamus or any other appropriate
writ, order or direction, directing the 7th respondent
Village Officer to give sufficient reports required under
the Act and the Rules to the 3rd respondent or the
officer authorised under Section 2(XVA) of the Act,
without further delay.
iv) Issue a Writ of Mandamus or any other appropriate
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Writ, order or direction directing the 3rd respondent to
declare that the petitioner's property is not suitable for
paddy cultivation and has to be removed from the
data bank.
v) Dispense with the filing of the translation of
vernacular documents produced along with this writ
petition. And
vi) Issue such other Writs, directions or orders as this
Hon'ble Court may feel just and necessary in the
interest of Justice. of the case." (SIC)
2. The petitioner is aggrieved by Ext.P4 order passed
by the 4th 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
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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
[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
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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.P4 order is set aside.
b) The 3rd 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
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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 22/10/25
Judgment dictated 22/10/25
Draft Judgment placed 22/10/25
Final Judgment uploaded 23/10/25
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APPENDIX OF WP(C) 7496/2025
PETITIONER EXHIBITS
EXHIBIT P-1 THE TRUE COPY OF THE TAX RECEIPT DATED
09.12.2023 ISSUED BY THE 7TH RESPONDENT
EXHIBIT P-2 A TRUE COPY OF THE SALE DEED NO.4397/2013
DATED 19.07.2013 OF SRO, PUTHENCRUZ
EXHIBIT P-3 THE TRUE COPY OF THE APPLICATION DATED
30.12.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
EXHIBIT P-4 TRUE COPY OF THE ORDER DATED 12.11.2024 OF
THE 4TH RESPONDENT
