[Cites 2, Cited by 0]
Kerala High Court
Sini Kurian vs State Of Kerala on 2 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 4829 of 2024
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2026:KER:8638
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
WP(C) NO. 4829 OF 2024
PETITIONER/S:
SINI KURIAN,
AGED 44 YEARS
KANKALIL HOUSE,PALLIPAD P.O, HARIPADU ALAPUZHA
DISTRICT 690512 THROUGH HER POWER OF ATTORNEY
HOLDER BINI.K, EDAKULANJIYIL HOUSE, VAZHOOR
CHIRAKKADAVU, KOTTYAM DISTRICT, PIN - 68650
BY ADV.
SRI.UNNI. K.K. (EZHUMATTOOR)
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE
DEPARTMENT , GOVT. SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR,
CIVIL STATION, ALAPUZHA, PIN - 688001
3 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, CHENGANNUR,
PIN - 689121
4 VILLAGE OFFICER,
VILLAGE OFFICE, PALLIPAD, PIN - 690512
5 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER,AGRICULTURAL
OFFICER PALLIPAD GRAMA PANCHAYATH,KRSIHI
BHAVAN, MUTTAM P.O., ALAPUZHA DISTRICT,
PIN - 690511
W.P.(C) No. 4829 of 2024
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2026:KER:8638
BY ADV.
GP - SMT. PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 4829 of 2024
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 4829 of 2024
------------------------------------------------
Dated this the 02nd day of February, 2026
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i)Issue a writ of certiorari or any other appropriate
writ order calling the records of Ext.P8 order dated
3.1.2024 of 3rd respondent and quash the same to the
extent it rejecting the application except 3.32 in Re.Sy
No.183/6-1 holding that the same is illegal.
ii)Issue a writ of mandamus or any other
appropriate writ order directing the 3 rd respondent to
allow the Ext.P5, form 5 application in total in the light of
Ext.P6 report from the KSRSEC and Ext.P1 and P2.
iii)To declare that the property of the petitioner is
not a paddy or wet land as per Ext.P1, P2 coupled with
Ext.P6, and liable to be removed from the data bank
published by the 5th respondent
iv)Issue a writ of mandamus or any other
appropriate writ order of direction, commanding the 3 rd
respondent to allow Ext.P10 and P11 Applications and
grant S27A permission to the property which is already
removed from the data bank as per Ext.P8 and P9.
v)To declare that petitioner is entitled to get
permission under S.27A of Act 2008 since the property
was converted before the commencement of Act 2008
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as evident from Ext. P1, P2 and P6
vi)To declare that only thing to consider, while
form.5 application, is that, whether the property is
paddy or suitable for paddy cultivation and if the
property is not fit for paddy cultivation, then the 3 rd
respondent is bound to remove from the data bank
vii)This Hon'ble Court be pleased to dispense with
production of translation of malayalam documents
viii)issue such other appropriate writ, order or
direction as this Hon'ble Court deem fit and proper, in
the circumstances of the case."[SIC]
2. The petitioner is aggrieved by Ext.P8 order
passed by the 3rd respondent by which a Form-5
application submitted by the petitioner under the Kerala
Conservation of Paddy Land and Wetland Rules, 2008
('Rules', for brevity) was partially allowed. Subsequently,
the portion of the property in which the Form - 5
application was allowed, the petitioner filed a Form - 6
application and that application was also allowed. Now,
the grievance of the petitioner is that, in Ext.P8 order,
the Form-5 application was rejected in respect of the
property situated in Survey Nos. 183/14, 183/15, and
1.13 Ares in Survey No. 183/6-1. The main grievance of
the petitioner is that the authorised officer has not
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considered the contentions of the petitioner.
3. Heard the learned counsel appearing for the
petitioner and the learned Government Pleader.
4. Counsel for the petitioner submitted that the
Form-5 application in respect of the petitioner's adjacent
property was allowed, as evident by Ext.P9, and that the
same may also be directed to be considered by the
authorised officer while deciding the matter.
5. 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 prejudicially affect the surrounding paddy
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fields.
6. 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.P8 order is set aside to the extent it
rejects Ext.P5 Form-5 application in
respect of Survey Nos. 183/14, 183/15,
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and 1.13 Ares in Survey No. 183/6-1.
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 considered and disposed of within two
months from the date of production of a
copy of this judgment by the petitioner.
4. While deciding the matter, the authorised
officer will also consider the applicability
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of Ext.P9 order.
5. 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
DM
Judgment reserved NA
Date of Judgment 02.02.2026
Judgment dictated 02.02.2026
Draft Judgment placed 02.02.2026
Final Judgment uploaded 03.02.2026
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APPENDIX OF WP(C) NO. 4829 OF 2024
PETITIONER EXHIBITS
EXHIBIT P 1 TRUE COPY OF THE ORDER DATED
21.05.2019 OF THE 5TH RESPONDENT
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE
MINUTES OF THE 5TH RESPONDENT OBTAINED
UNDER RIGHT TO INFORMATION ACT
EXHIBIT P 3 TRUE COPY OF THE RELEVANT PAGES OF
FINAL DATA BANK PUBLISHED BY THE 5TH
RESPONDENT IN THE GAZETTE DATED
20.01.2021
EXHIBIT P 4 TRUE COPY OF THE APPLICATION IN FORM.5
DATED 19.04.2022 SUBMITTED BY THE
PETITIONER
EXHIBIT P5 TRUE COPY OF THE APPLICATION IN FORM.5
DATED 2.5.2022 SUBMITTED BY THE
PETITIONER
EXHIBIT P6 TRUE COPY OF THE KSRSEC REPORT DATED
20.06.2022
EXHIBIT P 7 TRUE COPY OF THE JUDGEMENT DATED
3.10.2023 IN W.P[C] NO.32279/2023
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 3.1.2024
OF THE 3RD RESPONDENT ON EXT.P5
APPLICATION
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 25.1.2024
OF THE 3RD RESPONDENT ON EXT.P4
APPLICATION
EXHIBIT P10 TRUE COPY OF THE FORM 6 APPLICATION
DATED 15.1.2024
EXHIBIT P11 TRUE COPY OF THE FORM 6 APPLICATION
DATED 29.1.2024 WITH REGARD TO THE
EXT.P9 ORDER
