[Cites 2, Cited by 0]
Kerala High Court
Nazeema S vs District Collector on 15 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.44945 of 2025
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2026:KER:3929
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. 44945 OF 2025
PETITIONER(S):
NAZEEMA S
AGED 21 YEARS, W/O BAKSHIGULAM MUHAMMAD,
CHANTHAPURA, KUZHALMANNAM, ALATHUR ROAD, PALAKKAD
DISTRICT,, PIN - 678702
BY ADVS.
SRI.JUSTINE JACOB
SMT.RADHIKA S.ANIL
SHRI.SUMESH P.S.
SHRI.MOHAMMED SAFEER N.
SMT.MALAVIKA RADHAKRISHNAN
RESPONDENT(S):
1 DISTRICT COLLECTOR,
PALAKKAD, CIVIL STATION, PALAKKAD DISTRICT,,
PIN - 678001
2 REVENUE DIVISIONAL OFFICER
RDO OFFICE, PALAKKAD DISTRICT,, PIN - 678014
3 THE TAHSILDAR, TALUK OFFICE
ALATHUR, PALAKKAD DISTRICT,, PIN - 678541
4 VILLAGE OFFICER
KUZHALMANNAM VILLAGE, PALAKKAD DISTRICT,,
PIN - 678702
5 AGRICULTURE OFFICER
KRISHI BHAVAN, KUZHALMANNAM, PALAKKAD DISTRICT,,
PIN - 678702
BY ADV.:
GP SMT NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.44945 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.44945 of 2025
------------------------------------------------------
Dated this the 15th day of January, 2026
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i) Issue a writ of certiorari or any other appropriate writ,
order, or direction calling for the records leading to Exhibit-P6
order passed by the 2nd respondent and quash the same;
ii) Issue a writ of mandamus or any other appropriate writ,
order, or direction directing the 2nd respondent to reconsider
Exhibit-P5 Form-5 application and remove the petitioner's 2.3
Ares of property in Re-Sy. No. 6/23 of Kuzhalmannam Village
from Exhibit-P4 Data-Bank;
iii) Issue such other appropriate writ, order, or direction as
this Hon'ble Court deems fit and proper in the circumstances
of the case; and
iv) Dispense with the translation of the documents produced
in the vernacular language." [SIC]
2. The petitioner is aggrieved by Ext.P6 order
passed by the 2nd respondent rejecting Ext.P5 Form-5
application submitted by the petitioner under the Kerala
Conservation of Paddy Land and Wetland Rules, 2008
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('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.
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.
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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
following manner:
1. Ext.P6 order is set aside.
2. The 2nd respondent / authorised officer is
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directed to reconsider Ext.P5 Form-5
application submitted by the petitioner, 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. If the Authorised Officer is either dismissing or
allowing the petition, a speaking order, as
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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
nvj
Judgment reserved NA
Date of Judgment 15.01.2026
Judgment dictated 15.01.2026
Draft Judgment placed 16.01.2026
Final Judgment uploaded 19.01.2026
2026:KER:3929
APPENDIX OF WP(C) NO. 44945 OF 2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE TAX RECEIPT DATED
17.05.2025
Exhibit -P2 A COPY OF THE LOCATION SKETCH ISSUED
BY THE 4TH RESPONDENT
Exhibit-P3 . A TRUE COPY OF THE ORDER NO.T.A(7)
7667 (19) DATED 09.08.2019
Exhibit -P4 A TRUE COPY OF THE DATA BANK ISSUED BY
THE 5TH RESPONDENT
Exhibit-P5 A TRUE COPY OF THE FORM-5 APPLICATION
DATED 28.02.2022
Exhibit-P6 A TRUE COPYOF THE ORDER DATED
14.11.2022 BEARING NO. 827/2022 OF THE
2ND RESPONDENT
Exhibit-P7 A TRUE COPY OF THE PHOTOGRAPH SHOWING
THE CURRENT STATE AND NATURE OF THE
PETITIONER'S PROPERTY
Exhibit-P8 A TRUE COPY OF THE REQUEST DATED
12.08.2025 SUBMITTED BEFORE THE 1ST
RESPONDENT
Exhibit-P9 A TRUE COPY OF THE LETTER NO.
DCPKD/12300/2005-TM9 DATED 17.09.2025
ISSUED BY THE 1ST RESPONDENT
