Kerala High Court
Nadeera K.K vs State Of Kerala on 22 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 24201 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. 24201 OF 2025
PETITIONER:
NADEERA K.K.
AGED 46 YEARS
W/O CHERIYL SAIDALAVI, CHERIYIL HOUSE, VENNIYUR
POST, MALAPPURAM, PIN - 676508
BY ADVS.
SHRI.THAREEQ ANVER
SMT.K.C.KHAMARUNNISA
SRI.ARUN CHAND
SHRI.RASSAL JANARDHANAN A.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR
MALAPPURAM COLLECTORATE, CVIL STATION, UPHILL POST,
MALAPPURAM, PIN - 676505
3 SUB COLLECTOR AND REVENUE DIVISIONAL OFFICER
TIRURANGADI-THRIKANDIYUR RD., TIRUR, MALAPPURAM, PIN
- 676101
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4 VILLAGE OFFICER
TIRURANGADI VILLAGE OFFICE, CHEMMAD, TIRURANGADI
POST, MALAPPURAM, PIN - 676320
5 AGRICULTURAL OFFICER
TIRURANGADI KRISTI BHAVAN, TAYYALINGAL POST,
MALAPPURAM, PIN - 676320
OTHER PRESENT:
GP SMT PREETHA K K
THIS 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.24201 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 call for the records leading to
Exhibit P3 and set aside the same;
ii) Issue a writ of mandamus or any other appropriate
writ, order or direction to the 3rd respondent requiring
him to reconsider Exhibit P2 application and remove
the petitioner's property from databank within such
period as this Hon'ble Court deems fit;
iii) dispense with the production of translated
transcripts of Exhibits in Malayalam; and
iv) pass such other writ order or direction that this
Hon'ble Court may deem fit and proper in the facts
and circumstances of the case." (SIC)
2. The petitioner is aggrieved by Ext.P3 order passed
by the 3rd 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,
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(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
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
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[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.P3 order is set aside.
b) The 3rd respondent/authorised officer is
directed to reconsider Ext.P2 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
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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 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) 24201/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE RELEVANT PAGES OF
DEED NO.872/1/2021 DATED 27/03/2021 OF
TIRURANGADI SRO
EXHIBIT P2 THE TRUE COPY OF THE APPLICATION DATED
14/04/2023 IN FORM 5 OF THE KERALA
PADDYLAND AND WETLAND PROTECTION RULES,
2008 SUBMITTED BEFORE THE 3RD RESPONDENT
EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED
13/05/2024 IN FILE NO.3340/2024 BEFORE THE
3RD RESPONDENT
