Varghese T P vs The District Collector
2026 Latest Caselaw 255 Ker

Kerala High Court

Varghese T P vs The District Collector on 12 January, 2026

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

W.P.(C) No. 47504 of 2025
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                                                      2026:KER:2086

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

MONDAY, THE 12TH DAY OF JANUARY 2026 / 22ND POUSHA, 1947

                            WP(C) NO. 47504 OF 2025

PETITIONER/S:

             VARGHESE T P
             AGED 64 YEARS
             S/O. PAPPU, THEKKEKKARA HOUSE, SREEMOOLANAGARAM
             P.O., ALUVA TALUK, ERNAKULAM, PIN - 683580


             BY ADV SRI.UNNIKRISHNAN.V.ALAPATT


RESPONDENT/S:

      1      THE DISTRICT COLLECTOR
             FIRST FLOOR, CIVIL STATION, KAKKANAD,
             ERNAKULAM, PIN - 682030

      2      THE REVENUE DIVISIONAL OFFICER
             FORT KOCHI REVENUE DIVISIONAL OFFICE, K B JACOB
             ROAD, FORT KOCHI, ERNAKULAM, PIN - 682001

      3      THE DEPUTY COLLECTOR (LA)
             FIRST FLOOR, CIVIL STATION, KAKKANAD,
             ERNAKULAM, PIN - 682030

      4      THE TAHSILDAR
             ALUVA TALUK OFFICE, 1ST FLOOR, MINI CIVIL
             STATION, PERIYAR NAGAR, ALUVA, ERNAKULAM,
             PIN - 683101

      5      THE VILLAGE OFFICER
             THEKKUMBHAGOM VILLAGE, ALUVA TALUK, ERNAKULAM,
             PIN - 683575

      6      THE AGRICULTURAL OFFICER
             SREEMOOLANAGARAM KRISHI BHAVAN, KARUKUTTY,
             ANGAMALY, ERNAKULAM, PIN - 683576
 W.P.(C) No. 47504 of 2025
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      7          THE DIRECTOR
                 KERALA STATE REMOTE SENSING AND ENVIRONMENT
                 CENTRE, VIKASBHAVAN, THIRUVANANTHAPURAM,
                 PIN - 695033


                 BY ADV.
                 GP, SRI. K JANARDHANA SHENOY


          THIS    WRIT      PETITION   (CIVIL)   HAVING   COME   UP    FOR
ADMISSION         ON   12.01.2026,     THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No. 47504 of 2025
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                       P.V.KUNHIKRISHNAN, J.
                 ---------------------------------------------
                     W.P.(C) No. 47504 of 2025
               ------------------------------------------------
              Dated this the 12th day of January, 2026.


                                  JUDGMENT

This writ petition is filed seeking the following

reliefs:

"i) Issue a writ of Certiorary calling for the records leading to Exhibit P5 order and quash the original of the same and allow Exhibit P3 application.

ii) Issue a writ of Mandamus or other appropriate writ, order or direction directing the 7th respondent, the Director, Kerala State Remote Sensing and Environment Centre (KSREC), to prepare and furnish a detailed scientific report with respect to the nature, character and land use of the petitioner's property, for the purpose of proper consideration of the petitioner's Form-5 application under the Kerala Conservation of Paddy Land and Wetland Act, 2008.

iii) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to reconsider Exhibit P3 application afresh, after obtaining and taking into consideration the KSREC report to be submitted by the 7th respondent, and in the light of the judgment of this Hon'ble Court reported in 2020 (2) KLT 192 and the other judgments referred to in this Writ Petition, and to pass reasoned orders thereon within a time frame to be fixed by this Hon'ble Court.

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iv) To dispense with the production of the translation of vernacular documents.

v) Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case."[SIC]

2. The petitioners is aggrieved by the order

passed by the 2nd respondent rejecting the Form-5

application submitted by the petitioner 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

based on the report of the Agricultural Officer.

Eventhough KSREC report is available, the same is not

properly considered by the authorised officer. There is no

independent finding regarding the nature and character

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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 impugned order is to be set

aside.

Therefore, this Writ Petition is allowed in the

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following manner:

1. Ext.P5 order is set aside.

2. The 2nd 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.

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.

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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
DM
Judgment reserved                   NA
Date of Judgment                12.01.2026
Judgment dictated               12.01.2026
Draft Judgment placed           13.01.2026
Final Judgment uploaded         13.01.2026





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APPENDIX OF WP(C) NO. 47504 OF 2025

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 20.06.2025 EVIDENCING PAYMENT OF BASIC TAX EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK RELATING TO THE PETITIONER'S PROPERTY EXHIBIT P3 A TRUE COPY OF THE FORM-5 APPLICATION DATED 11.02.2025 EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 11.04.2025 IN W.P.(C) NO.15023 OF 2025 EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 09-09- 2025 PASSED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE REAL NATURE OF THE PROPERTY OF THE PETITIONER