Kerala High Court
P.V.Nidhish vs The Deputy Collector (Rr) on 18 September, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 10908 OF 2025
1
2025:KER:69816
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 18TH DAY OF SEPTEMBER 2025 / 27TH BHADRA, 1947
WP(C) NO. 10908 OF 2025
PETITIONER/S:
P.V.NIDHISH,
AGED 54 YEARS
S/O.P.V.CHANDRAN,MANAGING DIRECTOR KTC AUTOMOBILES
PRIVATE LIMITEDYMCA ROAD, CALICUT, RESIDING AT
‘KERALAKALA',AAZHACHAVATTOM,MANKAVU (PO),
KOZHIKODE, PIN - 673001
BY ADVS.
SRI.BINOY VASUDEVAN
SRI.SREEJITH SREENATH
SMT.K.V.RAJESWARI
SMT.SUSHAMA DEVI M.
SMT.RINCY KHADER
RESPONDENT/S:
1 THE DEPUTY COLLECTOR (RR),
AUTHORIZED OFFICER AS PER SECTION 2 (XVA) OF THE KERALA
CONSERVATION OF PADDY LAND AND WET LAND
ACT,2008.,OFFICE OF THE DEPUTY COLLECTOR,CIVIL
STATION,KANNUR,, PIN - 670002
2 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN,CHEMBILODE (PO),KANNUR DISTRICT, PIN -
670621
3 THE VILLAGE OFFICER,
CHEMBILODE VILLAGE OFFICE,CHEMBILODE (PO),KANNUR
DISTRICT, PIN - 670621
OTHER PRESENT:
WP(C) NO. 10908 OF 2025
2
2025:KER:69816
GP.SMT.S.L.SYLAJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10908 OF 2025
3
2025:KER:69816
C.S.DIAS, J.
---------------------------------------
WP(C) No. 10908 OF 2025
-----------------------------------------
Dated this the 18th day of September, 2025
JUDGMENT
The petitioner is the owner in possession of 67.36 Ares
of land comprised in various survey numbers in Chembilode
Village, Kannur Taluk, covered under Ext.P5 land tax receipt.
The property is unsuitable for paddy cultivation. Nevertheless,
the respondents have erroneously classified the property as
'wetland' and included it in the data bank maintained under
the Kerala Conservation of Paddy Land and Wetland Act,
2008, and the Rules framed thereunder ('Act' and 'Rules', for
brevity). To exclude the property from the data bank, the
petitioner had submitted Ext.P8 application in Form 5, under
Rule 4(4d) of the Rules. However, by Ext.P10 order, the
authorised officer has summarily rejected the application
without either conducting a personal inspection of the land or
calling for the satellite pictures as mandated under Rule 4(4f)
of the Rules. Furthermore, the order is devoid of any
independent finding regarding the nature and character of the
WP(C) NO. 10908 OF 2025
2025:KER:69816
land as it existed on 12.08.2008 -- the date the Act came into
force. The impugned order, therefore, is arbitrary and
unsustainable in law and liable to be quashed.
2. I have heard the learned Counsel for the petitioner
and the learned Government Pleader.
3. The petitioner's principal contention is that the
applied property is not a cultivable paddy field but is a
converted plot. Nonetheless, the property has been incorrectly
included in the data bank. Despite filing the Form 5
application, the authorised officer has rejected the same
without proper consideration or application of mind.
4. It is now well-settled by a catena of judgments of this
Court -- including the decisions 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] -- that the authorised officer 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 is
WP(C) NO. 10908 OF 2025
2025:KER:69816
to be excluded from the data bank.
5. A reading of Ext.P10 order reveals that the authorised
officer has failed to comply with the statutory requirements.
There is no indication in the order that the authorised officer
has personally inspected the property or called for the satellite
pictures as mandated under Rule 4(4f) of the Rules. Instead,
the authorised officer has merely acted upon the report of the
Agricultural Officer, without rendering any independent
finding regarding the nature and character of the land as on
the relevant date. There is also no finding whether the
exclusion of the property would prejudicially affect the
surrounding paddy fields. In light of the above findings, I hold
that the impugned order was passed in contravention of the
statutory mandate and the law laid down by this Court. Thus,
the impugned order is vitiated due to errors of law and non-
application of mind, and is liable to be quashed. Consequently,
the authorised officer is to be directed to reconsider the Form
5 application as per the procedure prescribed under the law.
In the circumstances mentioned above, I allow the writ
petition in the following manner:
WP(C) NO. 10908 OF 2025
2025:KER:69816
(i) Ext.P10 order is quashed.
(ii) The 1st respondent/authorised officer is directed to
reconsider the Form 5 application, in accordance
with the law, by either conducting a personal
inspection of the property or calling for the satellite
pictures as provided under Rule 4(4f) of the Rules,
at the cost of the petitioner.
(iii) 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 inspect the property
personally, the application shall be disposed of
within two months from the date of production of a
copy of this judgment by the petitioner.
The writ petition is thus ordered accordingly.
sd/-
C.S.DIAS, JUDGE
rkc/18.09.25
WP(C) NO. 10908 OF 2025
2025:KER:69816
APPENDIX OF WP(C) 10908/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF DOCUMENT NO.2975 OF 2007 DATED
27.09.2007 OF S.R. O KADACHIRA
Exhibit P2 TRUE COPY OF DOCUMENT NO.2191 OF 2007 DATED
14.07.2007 OF S.R. O KADACHIRA
Exhibit P3 TRUE COPY OF THE DOCUMENT NO.1658 OF 2007
DATED 30.05.2007 OF S.R.O KADACHIRA
Exhibit P4 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
21.07.2017 ISSUED BY THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE LAND TAX RECEIPT DATED
16.08.2024 ISSUED BY THE 3RD RESPONDENT
Exhibit P6 TRUE COPY OF THE LOCATION SKETCH IN RESPECT
OF THE PROPERTY IN RE-SY.NO.53/6
Exhibit P7 TRUE COPY OF THE LOCATION SKETCH IN RESPECT
OF THE PROPERTY LOCATED IN RE-SY.NO.51/1 AND
Exhibit P8 TRUE COPY OF THE APPLICATION IN FORM NO.5
BEFORE THE 1ST RESPONDENT DATED 15.03.2023
Exhibit P9 TRUE COPY OF THE REPORT OF THE KSREC,
THIRUVANANTHAPURAM DATED 03.09.2018
Exhibit P10 TRUE COPY OF THE ORDER PASSED BY THE 1ST
RESPONDENT VIDE FILE NO.691/2024 DATED
16.01.2025
