[Cites 2, Cited by 0]
Kerala High Court
Shafeek Othalakattil vs State Of Kerala on 8 April, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 13426 OF 2026 1
2026:KER:31652
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
WP(C) NO. 13426 OF 2026
PETITIONER/S:
SHAFEEK OTHALAKATTIL
AGED 44 YEARS
S/O ABDULLA OTHALAKATTIL, OTHALAKATTIL HOUSE,
VATTUNGA PARAMBU, PONNANI P.O., MALAPPURAM DT., PIN
- 679577
BY ADVS.
SRI.M.MUHAMMED SHAFI
SMT.T.RASINI
SMT.ADHEELA NOWRIN
SMT.HIBA SHAMAR
SMT.ALEENA VINOY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
REVENUE, THIRUVANANTHAPURAM DT., PIN - 695001
2 REVENUE DIVISIONAL OFFICER
2THE OFFICE OF THE REVENUE DIVISIONAL OFFICER,
TRIRUR P.O., MALAPPURAM DT., PIN - 676101
3 THE VILLAGE OFFICER
EZHUVATHIRUTHI VILLAGE OFFICE, PONNANI SOUTH,
MALAPPURAM DT., PIN - 679586
4 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, EZHUVATHIRUTHI, PONNANI, MALAPPURAM
DT., PIN - 679577
WP(C) NO. 13426 OF 2026 2
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5 THE TAHSILDAR (LR)
TALUK OFFICE, PONNANI NAGARAM P.O., MALAPPURAM
DT., PIN - 679583
6 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
REPRESENTED BY ITS CHAIRMAN, VIKAS BHAVAN,
THIRUVANANTHAPURAM DT., PIN - 695033
OTHER PRESENT:
GP SMT DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.04.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 13426 OF 2026 3
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P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C) No. 13426 of 2026
--------------------------------------
Dated this the 8th day of April, 2026
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"(i) To issue a writ of certiorari or any other writ
quashing Exhibit P4 order issued by the 2nd respondent.
(ii) To issue a writ of mandamus, or any other order or
direction directing the 2nd respondent or any other competent
officer to call for a report from the 6th respondent KSREC
regarding the lie and nature of the property.
(iii) To issue a writ of mandamus or any other writ, order
or direction directing the 2nd respondent to re-consider and
dispose of the application submitted by the Petitioner in form-
5, with due consideration to KSREC report, within a time
frame as may be prescribed by this Hon'ble Court.
(iv) This Hon'ble Court may be pleased to dispense with
the production of translation of the vernacular documents
produced in the Writ Petition.
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(v) To issue any other order or direction that this
Hon'ble Court may deem fit in the facts and circumstances of
the case. "[SIC]
2. The petitioner is aggrieved by the order
passed by the 2nd 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
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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 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
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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 2nd respondent/authorised officer is
directed to reconsider Form - 5 application in
accordance with the 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
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production of a copy of this judgment by the
petitioner.
4. If the authorised officer is either dismissing or
allowing the petition, a speaking order as directed
by this court in Vinumon v. District Collector
[2025 (6) KLT 275] shall be passed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 08/04/2026
Judgment dictated 08/04/2026
Draft judgment placed 08/04/2026
Final judgment uploaded 08/04/2026
2026:KER:31652
APPENDIX OF WP(C) NO. 13426 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE TAX RECEIPT FOR THE
YEAR 2024-2025 DATED 31-05-2024
Exhibit P2 A TRUE COPY OF THE PHOTOGRAPHS OF THE
PROPERTY
Exhibit P3 A TRUE COPY OF THE RECEIPT BEARING NO.
KL10030307255/2024 DATED 10-07-2024 ISSUED
FOR THE APPLICATION SUBMITTED IN FORM-5
SUBMITTED BY THE PETITIONER
Exhibit P4 A TRUE COPY OF THE ORDER DATED 04-07-2025
ISSUED BY THE 2ND RESPONDENT
