Kerala High Court
Haris A K vs State Of Kerala on 23 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:78709
WP(C) NO. 38937 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947
WP(C) NO. 38937 OF 2025
PETITIONER/S:
HARIS A K
AGED 40 YEARS
S/O ANDIKADAN ABOO, ANDIKADAN HOUSE, JISHA NIVAS,
PUNNAPALA P O, PUNNAPALA, MALAPPURAM, PIN - 679328
BY ADVS.
SRI.BIJITH S.KHAN
SHRI.RAJESH O.N.
SHRI.AMEER SALIM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 THE DISTRICT COLLECTOR
DISTRICT COLLECTOR OFFICE, COLLECTORATE, U P HILL,
MALAPPURAM, PIN - 676505
3 SUB COLLECTOR
MALAPPURAM, COLLECTORATE, U P HILL, MALAPPURAM,
PIN - 676505
4 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, MALAPPURAM
COLLECTORATE, CIVIL STATION, MALAPPURAM DISTRICT,
PIN - 676505
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WP(C) NO. 38937 OF 2025
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5 VILLAGE OFFICER
WANDOOR VILLAGE, MALAPPURAM DISTRICT, PIN - 679328
6 THE AGRICULTURAL OFFICER
KRISHIBHAVAN, WANDOOR, MALAPPURAM DISTRICT, PIN -
679328
7 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, C BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM,
PIN - 695033
OTHER PRESENT:
SR GP SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 38937 OF 2025
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P.V. KUNHIKRISHNAN, J.
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W.P.(C.).No.38937 of 2025
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Dated this the 23rd day of October, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. To call for the records leading to Ext. P4 and set
aside the same, and issue a writ of mandamus or any
other appropriate writ, order or direction
commanding the 4th respondent to reconsider the
Ext.P2 application submitted by the petitioner in
Form-5 of the Kerala Conversion of Paddy and Wet
Land Rules, 2008 in respect of the land comprised in
Ext.P1 and remove the petitioner's property from
data bank.
ii. To declare that the petitioner is entitled to get
conversion of the nature of land as per the Kerala
Conversion of Paddy and Wet Land Rules, 2008.
iii. Exempt the petitioner from producing the English
Translation of Malayalam Exhibits produced along
with this Writ Petition and the petitioner further
undertakes that she is ready and willing to produce
iv. Issue any other writ order or direction as this
Hon'ble Court may deem fit in the facts and
circumstances of the case; (SIC)
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2. The petitioner is aggrieved by the order passed by the
4th respondent rejecting the 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 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 with the statutory requirements. The impugned order
was 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
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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.
Therefore, this Writ Petition is allowed in the following
manner:
1. Ext.P4 order is set aside.
2. The 4th respondent/authorised officer is directed
to reconsider Ext.P2 Form - 5 application in
accordance with the law. The authorised officer
shall either conduct a personal inspection of the
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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 production of a copy of
this judgment by the petitioner.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
Judgment reserved NA
Date of Judgment 23.10.2025
Judgment dictated 23.10.2025
Draft Judgment placed 23.10.2025
Final Judgment 24.10.2025
uploaded
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WP(C) NO. 38937 OF 2025
APPENDIX OF WP(C) 38937/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT FOR
THE YEARS 2025-2026 DATED 01.05.2025
ISSUED BY THE 5TH RESPONDENT
Exhibit P2 THE TRUE COPY OF THE FORM 5 APPLICATION
FILED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT HAVING NO. 2/2024/19663 DATED
04.12.2024
Exhibit P3 TRUE COPY OF THE REPORT FILED BY THE 7TH
RESPONDENT BEFORE THE 6TH RESPONDENT
HAVING NO.
A-722/2025/RELIS/3622/25/KSREC DATED
05.07.2025
Exhibit P4 THE TRUE COPY OF THE ORDER OF THE 4TH
RESPONDENT HAVING NO. 89/2025 DATED
14.10.2025
