Ismail K.P., S/O Mammu vs The Sub Collector, Tirur
2026 Latest Caselaw 2010 Ker

Citation : 2026 Latest Caselaw 2010 Ker
Judgement Date : 24 February, 2026

[Cites 1, Cited by 0]

Kerala High Court

Ismail K.P., S/O Mammu vs The Sub Collector, Tirur on 24 February, 2026

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                                 2026:KER:16590



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 24TH DAY OF FEBRUARY 2026/5TH PHALGUNA, 1947
                    WP(C) NO.7122 OF 2026

PETITIONER:

          ISMAIL K.P., S/O MAMMU
          AGED 57 YEARS, KUPPANTE PURAKKAL HOUSE,
          CHEERANKADAPPURAM, PUTHIYAKADAPPURAM P.O.,
          TANUR, MALAPPURAM DISTRICT, PIN - 676302

          BY ADV SRI.C.M.MOHAMMED IQUABAL


RESPONDENTS:

    1     THE SUB COLLECTOR, TIRUR
          REVENUE DIVISIONAL OFFICE,
          TIRUR, MINI CIVIL STATION,
          TIRUR P.O., MALAPPURAM DISTRICT,
          PIN - 676101

    2     THE AGRICULTURAL OFFICER, TANUR
          TANUR KRISHI BHAVAN, TANUR P.O.,
          MALAPPURAM DISTRICT, PIN - 676302

    3     THE TAHSILDAR, TIRUR
          TIRUR TALUK OFFICE, TIRUR P.O.,
          MALAPPURAM DISTRICT, PIN - 676101

    4     THE VILLAGE OFFICER, KALADY
          KALADY VILLAGE OFFICE, KALADY P.O.,
          MALAPPURAM DISTRICT, PIN - 679582

    5     THE LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY ITS CONVENER,
          TANUR KRISHI BHAVAN, TANUR P.O.,
          MALAPPURAM DISTRICT, PIN - 676302

          BY ADV
          SMT. DEEPA V, GP
 WP(C) NO.7122 OF 2026
                                  2
                                                         2026:KER:16590




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.02.2026,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.7122 OF 2026
                                     3
                                                           2026:KER:16590



                   P.V.KUNHIKRISHNAN, J
                   --------------------------------
                  W.P.(C.) No.7122 of 2026
            -----------------------------------------------
         Dated this the 24th day of February, 2026


                              JUDGMENT

This writ petition is filed seeking the following reliefs:

"a) Call for the records leading up to Ext. P7 order and quash the same by issuance of a Writ of Certiorari or any other appropriate writ, order or direction.

b) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents to remove the property covered by Ext. P1 document from the data bank as per Ext. P3 application, within a time stipulated by this Hon'ble Court,

c) Pass an order dispensing with the production of English translation of vernacular document while filing of Writ Petition.

and

d) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time." [SIC]

2. The petitioner is aggrieved by the order

passed by the 1st respondent rejecting the Form-5 application

submitted by him under the Kerala Conservation of Paddy WP(C) NO.7122 OF 2026

2026:KER:16590

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. Even though KSREC report is

available, the same is not properly considered by the

authorised officer. 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 WP(C) NO.7122 OF 2026

2026:KER:16590

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.P7 order is set aside.

2. The 1st respondent/authorised officer is directed to

reconsider Ext.P3 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.

WP(C) NO.7122 OF 2026

2026:KER:16590

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. 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
hks


Judgment reserved         N/A
Date of Judgment          24.02.2026
Judgment dictated         24.02.2026
Draft judgment placed     24.02.2026

Final Judgment uploaded 25.02.2026 WP(C) NO.7122 OF 2026

2026:KER:16590

APPENDIX OF WP(C) NO.7122 OF 2026

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF POSSESSION CERTIFICATE ISSUED BY TANUR VILLAGE OFFICE DATED 22.03.2022 EXHIBIT P2 THE TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED BY THE 5TH RESPONDENT DATED NIL EXHIBIT P3 THE TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER THROUGH ONLINE DATED 03.02.2023 ALONG WITH TYPED COPY EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT IN W.P. (C).NO.24574/2024 OF THIS HON'BLE COURT DATED 02.08.2024 EXHIBIT P5 THE TRUE COPY OF THE NOTICE ISSUED BY THE OFFICE OF THE 1ST RESPONDENT DATED 18.07.2024 EXHIBIT P6 THE TRUE COPY OF THE RECEIPT ISSUED BY THE TANUR VILLAGE OFFICER DATED 08.11.2024 EXHIBIT P7 THE TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 01.01.2025 EXHIBIT P8 THE TRUE COPY OF THE KSREC REPORT DATED 10.12.2024 EXHIBIT P9 THE TRUE COPY OF THE JUDGMENT IN W.P. (C).NO.2262/2025 OF THIS HON'BLE COURT DATED 25.08.2025 EXHIBIT P10 THE TRUE COPY OF THE JUDGMENT IN W.A.NO.

2203/2025 OF THIS HON'BLE COURT DATED 15.09.2025