[Cites 2, Cited by 0]
Kerala High Court
Kurian George vs The District Collector, Kottayam on 20 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 32349 OF 2025 1
2026:KER:4907
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947
WP(C) NO. 32349 OF 2025
PETITIONER/S:
KURIAN GEORGE
AGED 60 YEARS
S/O. MANI VARKEY, VALIYAVETTIL, VILLOONNI P.O.,
ARPOOKKARA, KOTTAYAM, PIN - 686008
BY ADVS.
SRI.K.R.RAJKUMAR
SHRI.JAGADEESH LAKSHMAN
SRI.R.K.RAKESH
SMT.NANDANA BABU T.
SMT.SREELAKSHMI P.S.
SMT.NANDIDA SEBASTIAN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR, KOTTAYAM
COLLECTORATE, KOTTAYAM- KUMILY ROAD, COLLECTORATE
P.O., KOTTAYAM, PIN - 686002
2 THE SUB COLLECTOR/ REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION, UNION
CLUB ROAD, PUTHENANGADY, KOTTAYAM, PIN - 686001
3 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, KUMARANALLOOR, KOTTAYAM, PIN - 686016
4 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENOR/AGRICULTURAL OFFICER,
KRISHI BHAVAN, KUMARANALLOOR, KOTTAYAM, PIN - 686016
WP(C) NO. 32349 OF 2025 2
2026:KER:4907
5 THE VILLAGE OFFICER
PERUMPAIKADU VILLAGE OFFICE, PERUMPAIKADU P.O.,
KOTTAYAM, PIN - 686016
GP SRI. RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32349 OF 2025 3
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 32349 OF 2025
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Dated this the 20th day of January, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"i. issue a writ of certiorari or any other appropriate writ or
order to call for the records leading to Exhibit P5 order and
quash the same.
ii. issue a writ of mandamus or any other appropriate writ,
order, or direction, directing the 2nd respondent to
reconsider the Ext.P3 application of the petitioner, by
considering the Ext.P4 report and KSREC Report and remove
the entry of petitioner's property from data Bank within a
time frame fixed by this Hon'ble court.
iii. dispense with filing of translation of the vernacular
documents.
iv. 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 petitioner is aggrieved by the order passed by
the 2nd respondent rejecting the Form-5 application submitted by him
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
2026:KER:4907
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 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:
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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.
4. If the Authorised Officer is either dismissing or
allowing the petition, a speaking order, as 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
AJ
Judgment reserved NA
Date of Judgment 20.01.2026
Judgment dictated 20.01.2026
Draft judgment placed 21.01.2026
Final Judgment uploaded 22.01.2026
2026:KER:4907
APPENDIX OF WP(C) NO. 32349 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BASIC LAND TAX RECEIPT NO.
KL05032209973/2021 ISSUED BY THE 5TH RESPONDENT
TO THE PETITIONER DATED 13-10-2025
Exhibit P2 THE TRUE COPY OF THE SURVEY MAP OF THE SY. NO.
136/1-1 OF PERUMPAIKADU VILLAGE DATED NIL
Exhibit P3 THE TRUE COPY OF THE FORM 5 APPLICATION UNDER
THE KERALA CONSERVATION OF PADDY LAND AND WET
LAND RULES, 2008 FILED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT DATED 26-11-2021
Exhibit P4 THE TRUE COPY OF THE REPORT SUBMITTED BY THE
3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED
03-02-2022 OBTAINED UNDER RTI ACT
Exhibit P5 THE TRUE COPY OF THE ORDER NO:
B3-4772/2021/K.DIS DATED 14-08-2022 PASSED BY
THE 2ND RESPONDENT
Exhibit P6 THE TRUE COPY OF THE PROCEEDINGS NO.
B.3088/01/K.DIS OF THE REVENUE DIVISIONAL
OFFICER, KOTTAYAM UNDER KERALA LAND UTILISATION
ORDER DATED 14-03-2023 OBTAINED BY THE
PETITIONER UNDER RTI ACT
Exhibit P7 THE TRUE COPY OF THE PROCEEDINGS NO.
B.4194/03/K.DIS OF THE REVENUE DIVISIONAL
OFFICER, KOTTAYAM UNDER KERALA LAND UTILISATION
ORDER DATED 25-02-2004 OBTAINED BY THE
PETITIONER UNDER RTI ACT
Exhibit P8 THE TRUE COPY OF THE PROCEEDINGS NO. K3-
10565/14 OF THE TAHSILDAR, KOTTAYAM DATED 17-
09-2014 OBTAINED BY THE PETITIONER UNDER RTI
ACT
