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Kerala High Court
Ihyaul Uloom Islamic Madrasa vs State Of Kerala on 15 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:3638
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF JANUARY 2026 / 25TH POUSHA, 1947
WP(C) NO. 1351 OF 2026
PETITIONER/S:
1 IHYAUL ULOOM ISLAMIC MADRASA
REGISTRATION NO. 126/ 06, PUTHIYODATHPARAMBA,
OLAVATTUR P.O., MALAPPURAM DISTRICT, PIN: 673 638,
REPRESENTED BY ITS SECRETARY, MR. ABDU SALAM,
AGED 44 YEARS, C/O. FATHIMA, MAZHUVANCHERI HOUSE,
PULIKKAL, OLAVATTUR P.O., MALAPPURAM DISTRICT,
2 MOIDEEN T.
AGED 56 YEARS
PRESIDENT OF IHYAUL ULOOM ISLAMIC MADRASA,
S/O. HASSAN, THAMBARA HOUSE, PULIKKAL,
OLAVATTUR P.O., MALAPPURAM DISTRICT, PIN - 673638
BY ADV KUM. K. REMIYA RAMACHANDRAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT,, PIN - 695001
2 THE DISTRICT COLLECTOR
MAIN ROAD, MALAPPURAM CIVIL STATION,
MALAPPURAM DISTRICT,, PIN - 676505
3 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
MINI CIVIL STATION, KONDOTTY TALUK, TIRUR,
MALAPPURAM DISTRICT,, PIN - 676101
WP(C) NO. 1351 OF 2026 2
2026:KER:3638
4 THE TAHSILDAR
TALUK OFFICE, KONDOTTY TALUK, TIRUR,
MALAPPURAM DISTRICT,, PIN - 676101
5 THE AGRICULTURAL OFFICER
PRINCIPAL AGRICULTURAL OFFICE, B3-BLOCK,
CIVIL STATION. MALAPPURAM DISTRICT,, PIN - 676505
6 THE VILLAGE OFFICER
VILLAGE OFFICE, KONDOTTY TALUK, PULIKKAL,
ALUNGAL-VALIYA PARAMBA ROAD, PULIKKAL P.O.,
MALAPPURAM DISTRICT,, PIN - 673637
SR GP SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1351 OF 2026 3
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 1351 OF 2026
------------------------------------------------------
Dated this the 15th day of January, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
" a) issue a writ of certiorari or such other writ, direction or
order to set aside Exhibit P8 order dated 25/11/2025 passed
by the 3 rd respondent rejecting the petitioners' Form No. 5
application as arbitrary, illegal and unsustainable;
b) issue a writ of mandamus or such other writ, direction or
order compelling the 3 rd respondent to re-consider the
petitioners' Exhibit P6, Form No.5 application afresh, after
conducting a proper enquiry and affording opportunity of
hearing to the petitioner within a time frame to be fixed by
this Hon'ble Court;
c) issue such other appropriate writ, direction or order
which this Hon'ble Court may deem just, fit and proper in
the facts and circumstances of the case and sufficient for
the Redressal of the grievances of the petitioner.
&
d) To dispense with translation of the documents in
vernacular language."
[SIC]
2. The petitioners are aggrieved by the order passed
by the 3rd respondent rejecting the Form-5 application submitted by
them under the Kerala Conservation of Paddy Land and Wetland
Rules, 2008 ('Rules', for brevity). The main grievance of the
petitioners is that the authorised officer has not considered the
contentions of the petitioners.
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3. Heard the learned counsel for the petitioners 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 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
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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.
2. The 3rd respondent/authorised officer is directed to
reconsider Ext.P6 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 petitioners, 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
petitioners.
4. If the Authorised Officer is either dismissing or
allowing the petition, a speaking order, as directed
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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
AJ
Judgment reserved NA
Date of judgment 15.01.2026
Draft Judgment placed 16.01.2026
Final Judgment uploaded 19.01.2026
2026:KER:3638
APPENDIX OF WP(C) NO. 1351 OF 2026
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE DOCUMENT
NO.788/2023/I DATED 30/03/2023
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
09/04/2025 ISSUED BY THE VILLAGE OFFICER
Exhibit P3 THE TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 16/12/2025 ISSUED BY THE
VILLAGE OFFICER
Exhibit P4 THE TRUE COPY OF THE PHOTOGRAPHS OF THE
PETITIONERS' PROPERTY DATED NIL
Exhibit P5 THE TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK
Exhibit P6 THE TRUE COPY OF THE FORM 5 APPLICATION
DATED 01/03/2024 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P7 THE TRUE COPY OF THE REPORT PREPARED BY
THE 5TH RESPONDENT, AGRICULTURAL OFFICER
DATED 24.12.2025
Exhibit P8 THE TRUE COPY OF THE PROCEEDINGS DATED
25/11/2025 OF THE 3RD RESPONDENT
