Ali vs Village Officer
2026 Latest Caselaw 554 Ker

Kerala High Court

Ali vs Village Officer on 20 January, 2026

W.P.(C) Nos.4983 of 2021 & 25874 of 2021       1




                                                          2026:KER:4689

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT

                     THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

       TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947

                                 WP(C) NO. 4983 OF 2021


PETITIONER:

                ALI, AGED 54 YEARS
                S/O. MAIDHEEN, VATTAMPURATHUKUDI HOUSE,
                CHENGARA KARA, PATTIMATTOM VILLAGE,
                KUNNATHUNADU TALUK - 683562, ERNAKULAM DISTRICT.


                BY ADV SRI.SIRAJ KAROLY


RESPONDENTS:

       1        VILLAGE OFFICER
                PATTIMATTOM VILLAGE, VILLAGE OFFICE,
                P O.PATTIMATTAM 683562, KUNNATHUNADU TALUK.

       2        THE INSPECTOR OF POLICE,
                KUNNATHUNADU, KUNNATHUNADU POLICE STATION,
                P.O PATTIMATTAM - 683562.

       3        THE TAHASILDAR KUNNATHUNADU
                TALUK OFFICE, KUNNATHUNADU, MINI CIVIL STATION,
                PERUMBAVOOR - 683542.

       4        THE DEPUTY SUPERINTENDENT OF POLICE,
                PUTHENCRUZE - 682308.

       5        THE REVENUE DIVISIONAL OFFICER
                MUVATTUPUZHA, THE REVENUE DIVISIONAL OFFICE,
                MUDAVOOR P.O, MUVATTUPUZHA - 686669.

       6        THE AGRICULTURAL OFFICER,
                KRISHI BHAVAN, KIZHAKKAMBALAM, P.O,
                KIZHAKKAMBALAM - 683562.
 W.P.(C) Nos.4983 of 2021 & 25874 of 2021             2




                                                                            2026:KER:4689

       7        SECRETARY,
                KIZHAKKAMBALAM GRAMA PANCHAYATH,
                KIZHAKKAMBALAM GRAMA PANCHAYATH OFFICE,
                KIZHAKKAMBALAM - 683562.


       8        THE DISTRICT COLLECTOR,
                ERNAKULAM, CIVIL STATION, KAKKANAD - 682030.

  ADDL.R9       SOMAN, AGED 43 YEARS, S/O.SHIVASANKARAN NAIR,
                PUTHIYAMADATHIL HOUSE, KUMMANODU KARA,
                PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK,
                P.O. PATTIMATTOM - 682 562.

 ADDL.R10 SURENDRAN NAIR,
          AGED 41 YEARS, S/O.SHIVASANKARAN NAIR,
          PUTHIYAMADATHIL HOUSE, KUMMANODU KARA,
          PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK,
          P.O. PATTIMTTOM - 683 562.

                (ADDITIONAL RESPONDENTS ARE IMPLEADED AS PER ORDER
                DATED 03.03.2021 IN I.A.NO.1/2021 IN WP(C)4983/2021.)


                R7 BY ADV.DR.ABRAHAM P.MEACHINKARA

                R9 & R10 BY ADVS.SHRI.VINUCHAND
                SHRI.C.R.VINOD KUMAR

                GP- NIMMY JOHNSON



        THIS     WRIT    PETITION          (CIVIL)       HAVING   BEEN   FINALLY   HEARD   ON
20.01.2026, ALONG WITH WP(C).25874/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) Nos.4983 of 2021 & 25874 of 2021       3




                                                           2026:KER:4689

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT

                     THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

       TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947

                                WP(C) NO. 25874 OF 2021

PETITIONERS:

       1        SOMAN SURENDRAN, AGED 45 YEARS
                S/O.SIVASANKARAN NAIR, PUTHIYAMADATHIL HOUSE,
                PATTIMATTOM.P.O, ERNAKULAM DISTRICT, PIN-683562.

       2        SURENDRAN NAIR, AGED 43 YEARS
                S/O.SIVASANKARAN NAIR, PUTHIYAMADATHIL HOUSE,
                PATTIMATTOM.P.O, ERNAKULAM DISTRICT,PIN-683562.


                BY ADVS.
                SHRI.VINUCHAND
                SHRI.C.R.VINOD KUMAR




RESPONDENTS:

       1        DISTRICT COLLECTOR,
                KAKKANAD, ERNAKULAM, PIN-682030.

       2        THE REVENUE DIVISIONAL OFFICER,
                MUVATTUPUZHA,PIN-686661.

       3        THE TAHSILDAR,(L.R), KUNNATHUNADU TALUK,
                TALUK OFFICE, PERUMBAVOOR, PIN-683542.

       4        THE VILLAGE OFFICER,
                PATTIMATTOM VILLAGE, PATTIMATTOM.P.O, PIN-683562.

       5        ALI, AGED 54 YEARS
                S/O.MYTHEEN, VATTAMPURATTAKKUDI HOUSE,
                CHENGALA KARA, PATTIMATTOM VILLAGE, PIN-683562.
 W.P.(C) Nos.4983 of 2021 & 25874 of 2021             4




                                                                            2026:KER:4689

                BY ADV SRI.SIRAJ KAROLY


OTHER PRESENT:

                GP- NIMMY JOHNSON


        THIS     WRIT    PETITION          (CIVIL)       HAVING   BEEN   FINALLY   HEARD   ON
20.01.2026, ALONG WITH WP(C).4983/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) Nos.4983 of 2021 & 25874 of 2021                 5




                                                                                           2026:KER:4689



                                        VIJU ABRAHAM, J.
                       .................................................................
                      W.P.(C) Nos.4983 of 2021 & 25874 of 2021
                       .................................................................
                        Dated this the 20th day of January, 2026

                                             JUDGMENT

Petitioner in W.P.(C) No.4983 of 2021 submits that on finding

that the additional respondents 9 and 10, who are the petitioners in W.P.(C)

No.25874 of 2021, have converted the land in violation of the provisions of

the Kerala Conservation of Paddy Land and Wetland Act, 2008 (in short,

"Act 2008"), Exts.P1 and P1(A) proceedings under Section 13 of the Act

2008 were initiated by the District Collector and since the directions in

Exts.P1 and P1(A) have not been complied, Exts.P5 and P5(A)

proceedings have been initiated for compliance of the said proceedings.

Petitioner would submit that when the matter came up for consideration on

03.03.2021, this Court has directed the authorities to implement Exts.P1

and P1(A) if the same has become final. Alleging that the direction in the

interim order has not been complied with, the petitioner has also preferred a

contempt of court case as Cont.Case (C) No.1722 of 2023 and the same is

pending. It is seeking implementation of the abovestated orders that the

present writ petition has been filed.

W.P.(C) Nos.4983 of 2021 & 25874 of 2021 6

2026:KER:4689

2. W.P.(C) No.25874 of 2021 is filed by the additional

respondents 9 and 10 in W.P.(C) No.4983 of 2021, wherein it is stated that

they have already preferred an application in Form 5 to exclude their land

from the data bank and while the said application is pending consideration,

hasty steps are taken for implementation of the orders passed by the

District Collector under Section 13 of the Act 2008.

3. Learned Government Pleader upon instruction

submitted that it is true that the application in Form 5 submitted by the

petitioners in W.P.(C) No.25874 of 2021 and the same is pending

consideration.

4. This Court in Bharathan Ramanathan v. State of

Kerala and others, 2022 (6) KLT OnLine 1068, was considering a case of

rejection of Form 5 application on the ground that proceedings under

Section 13 of the Act 2008 is pending against the petitioner. This Court in

the said judgment set aside the impugned order and directed

reconsideration of Form 5 application submitted by the petitioner holding

that mere pendency of Section 13 proceedings or revision proceedings

based on Section 13 order cannot be a ground not to entertain a Form 5

application invoking Rule 4(d) of the Kerala Conservation of Paddy Land

and Wetland Rules, 2008.

Taking into consideration the above facts and circumstances, I W.P.(C) Nos.4983 of 2021 & 25874 of 2021 7

2026:KER:4689

am of the view that the above writ petitions could be disposed of as follows:

Form 5 application submitted by the petitioners in W.P.(C)

No.25874 of 2021 shall be disposed of by the Revenue Divisional

Officer/authorised officer in accordance with law without any delay, at any

rate, within an outer limit of three months from the date of receipt of a copy

of the judgment. Subject to the outcome of the decision on the said

application in Form 5 submitted by the petitioners in W.P.(C) No.25874 of

2021, the District Collector and the Tahsildar shall take steps to implement

Exts.P1 and P1(A) proceedings issued by the District Collector invoking

power under Section 13 of the Act 2008. Further proceedings in the matter

subject to the outcome of the orders to be passed in Form 5 application

submitted by the petitioners in W.P.(C) No.25874 of 2021 shall be initiated

and concluded by the District Collector and the Tahsildar without any delay,

at any rate, within a period of two months thereafter.

Sd/-

VIJU ABRAHAM JUDGE

cks W.P.(C) Nos.4983 of 2021 & 25874 of 2021 8

2026:KER:4689

APPENDIX OF WP(C) NO. 4983 OF 2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 2.2.2013 ISSUED BY THE 8TH RESPONDENT DIRECTING TO RESTORE THE PADDY LAND IN THE ORIGINAL POSITION.

EXHIBIT P1(A) TRUE COPY OF THE ORDER DATED 21.11.2014 ISSUED BY THE 8TH RESPONDENT TO RESTORE THE PROPERTY IN THE ORIGINAL POSITION AND TO RECOVER THE COST.

EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 16.05.2019 MADE BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

EXHIBIT P2(A) TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 21.05.2019 MADE BEFORE THE 2ND RESPONDENT POLICE.

EXHIBIT P4 TRUE COPY OF THE REQUEST DATED 28.05.2019 MADE BY THE PETITIONER POINTING OUT THE ILLEGAL CONSTRUCTION. EXHIBIT P4(A) TRUE COPY OF THE RECEIPT ISSUED BY THE 7TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 22.01.2020 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.

EXHIBIT P5(A) TRUE COPY OF THE LETTER DATED 12.05.2020 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.

W.P.(C) Nos.4983 of 2021 & 25874 of 2021 9

2026:KER:4689

APPENDIX OF WP(C) NO. 25874 OF 2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE TAX PAID RECEIPTS OF THE ABOVE PROPERTIES DATED 4/7/2009 ISSUED BY PATTIMATTOM VILLAGE OFFICE, PATTIMATTOM Exhibit P2 THE TRUE COPY OF THE TAX PAID RECEIPTS OF THE ABOVE PROPERTIES DATED 2/4/2008 ISSUED BY THE PATTIMATTOM VILLAGE OFFICE, PATTIMATTOM Exhibit P3 THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONERS IN

Exhibit P4 THE TRUE COPY OF THE NOTICE DATED 2/11/2021 BEARING NO.G2-1796-2019.