[Cites 2, Cited by 0]
Kerala High Court
Sajani Hamza Represented By Her Brother ... vs District Collector, Ernakulam on 8 April, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:31644
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. 14348 OF 2026
PETITIONER/S:
SAJANI HAMZA REPRESENTED BY HER BROTHER AND POWER
OF ATTORNEY HOLDER SHIMJAD HAMZA
AGED 48 YEARS
DAUGHTER OF HAMZA AND WIFE OF MUHAMMAD NIHAS, AGED
48 YEARS, VELIYIL HOUSE, KUTHIYATHODU P.O., PIN-
688 533 CHERTHALA TALUK, ALAPPUZHA DISTRICT AND
NOW RESIDING AT POST BOX NO: 4350, RAZN HOUSE, AL
NAHDA 2, DUBAI, UAE REPRESENTED BY HER BROTHER AND
POWER OF ATTORNEY HOLDER SHIMJAD HAMZA, SON OF
HAMZA, AGED 43 YEARS, RESIDING AT SAJINI VILLA,
KSHB COLONY, 19TH MILE, PALAPPURAM, OTTAPPALAM,
PALAKKAD, PIN - 679103
BY ADVS.
SRI.A.BALAGOPALAN
SHRI.A.RAJAGOPALAN
SHRI.M.N.MANMADAN
SHRI.IMTHIYAS AHAMMED N.K
SMT.P.SEENA
RESPONDENT/S:
1 DISTRICT COLLECTOR, ERNAKULAM
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
KAKKANADU ERNAKULAM, KOCHI, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT
KOCHI, ERNAKULAM, KOCHI, PIN - 682001
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WP(C) NO.14348 OF 2026
2
3 DEPUTY COLLECTOR (DM)
1ST FLOOR, POLICE STATION ROAD, NORTH PARAVOOR,
ERNAKULAM DISTRICT, PIN - 683513
4 TAHASILDAR, PARAVOOR
OFFICE OF THE TAHASILDAR, 1ST FLOOR, POLICE
STATION ROAD, NORTH PARAVOOR, ERNAKULAM DISTRICT,
PIN - 683513
5 AGRICULTURAL OFFICER, KRISHI BHAVAN, KADUNGALLOOR
KADUNGALLOOR GRAMA PANCHAYATH, KADUNGALLOOR P.O, ,
ALUVA, ERNAKULAM, PIN - 683110
6 VILLAGE OFFICER, ALANGAD VILLAGE OFFICE
NEAR THIRUVALOOR MAHADEVA TEMPLE, THIRUVALOOR,
ALANGAD, ERNAKULAM DISTRICT, PIN - 683513
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:
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WP(C) NO.14348 OF 2026
3
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.14348 of 2026
-------------------------------
Dated this the 08th day of April, 2026
JUDGMENT
This Writ Petition (C) is filed seeking the following reliefs:
" (a) Call for the records leading to Exhibit P6
order, scrutinize and quash the same by the
issuance of a writ in the nature of Certiorari or
any other appropriate writ, order or direction;
(b) Issue a writ in the nature of Mandamus,
any other appropriate writ order or direction,
directing the 3rd respondent to allow Exhibit P5
application and give necessary directions to
respondents 4 to 6 to make necessary
changes in the data bank.
(c) Issue any other appropriate order or
direction this Honourable Court may deem fit
to meet the ends of justice.
(d) Award the cost of the petitioner in the
above proceedings."
[SIC]
2. The petitioner is aggrieved by the order passed
by the 3rd 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.
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WP(C) NO.14348 OF 2026
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
authorized 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 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
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WP(C) NO.14348 OF 2026
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.P6 order is set aside.
2. The 3rd respondent/authorised officer is directed
to reconsider Ext.P5 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
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considered and disposed of within two months
from the date of 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 the judgment dated
05.11.2025 in Vinumon v. District Collector
[2025 (6) KLT 275], shall be passed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
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
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WP(C) NO.14348 OF 2026
APPENDIX OF WP(C) NO. 14348 OF 2026
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.
5714/2006 18.09.2006 OF THE SRO, ALANGAD
Exhibit P2 THE TRUE COPY OF THE SALE DEED NO.
5714/2006 DATED 16.07.2008 OF THE SRO,
ALANGAD
Exhibit P3 THE TRUE COPY OF THE BASIC TAX PAID
RECEIPT DATED 20/08/2025 ISSUED BY THE
6TH RESPONDENT EVIDENCING THE REMITTANCE
OF BASIC TAX BY THE PETITIONER FOR HER
5.42 ARES OF PROPERTY
Exhibit P4 THE PHOTOGRAPHS OF THE PROPERTY COVERED
BY EXHIBIT P1 AND P2 SALE DEEDS (4 NOS)
SHOWING ITS PRESENT LIE, NATURE AND
LOCATION
Exhibit P5 THE TRUE COPY OF THE FORM 5 APPLICATION
DATED 21.03.2023 BEFORE THE 2ND
RESPONDENT
Exhibit P6 THE TRUE PHOTOCOPY OF THE ORDER ON
EXHIBIT P5 APPLICATION DATED 31.07.2025
PASSED BY THE 3RD RESPONDENT
