[Cites 2, Cited by 0]
Kerala High Court
Shajimon K N vs The District Collector on 21 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 40397 OF 2025 1
2026:KER:5460
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 21ST DAY OF JANUARY 2026 / 1ST MAGHA, 1947
WP(C) NO. 40397 OF 2025
PETITIONER/S:
SHAJIMON K N
AGED 62 YEARS
S/O. NARAYANA PILLAI, KAKKANATTU HOUSE, CHEMBILAVU
P.O., CHERPUNKKAL VIA, KIDANGOOR, KOTTAYAM, PIN -
686584
BY ADVS.
SMT.FARHANA K.H.
SHRI.MUHASIN K.M.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KOTTAYAM - KUMILY ROAD, KOTTAYAM,
PIN - 686002
2 THE REVENUE DIVISIONAL OFFICER
KOTTAYAM REVENUE DIVISIONAL OFFICE, 2ND FLOOR,
MINI CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY,
KOTTAYAM, PIN - 686001
3 THE TAHSILDAR
KOTTAYAM TALUK OFFICE, 1ST FLOOR, UNION CLUB ROAD,
PUTHENANGADY, KOTTAYAM, PIN - 686001
4 THE VILLAGE OFFICER
AYARKKUNNAM VILLAGE OFFICE, KIDANGOOR - MANARCAD
ROAD, AYARKKUNNAM, KOTTAYAM, PIN - 686564
5 THE AGRICULTURAL OFFICER
AYARKKUNNAM KRISHI BHAVAN, AYARKUNNAM, KOTTAYAM,
PIN - 686637
WP(C) NO. 40397 OF 2025 2
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6 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
GP SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 40397 OF 2025 3
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 40397 OF 2025
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Dated this the 21st day of January, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"i. Issue a writ of certiorari calling for the records leading to
Ext P3 order and quash the same.
ii. Issue a writ of mandamus or any other writ, order or
direction directing the 2nd respondent to reconsider Ext P2
application and pass orders afresh after obtaining a report
from the 6th respondent, KSREC with regard to the nature of
the property as on 2008.
iii. To issue a writ of mandamus directing the 6th respondent
to file a report before the 2nd and 5th respondent with
regard to nature and lie of the petitioner's property in 2008.
iv. To dispense with the filing of translation of vernacular
documents.
v. To issue such other writ, order or direction as this
Honourable 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
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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. The learned Government Pleader submitted that the
inspection of the property has been conducted. But, in the counter, it
is stated that the inspection of the property was conducted from the
office of the authorised officer and not by the authorised officer. It is
further submitted that the KSREC report is also not obtained. In such
circumstances, the impugned order is to be set aside.
6. 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
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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.P3 order is set aside.
2. The 2nd respondent/authorised officer is directed to
reconsider Ext.P2 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
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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 21.01.2026
Judgment dictated 21.01.2026
Draft judgment placed 22.01.2026
Final Judgment uploaded 23.01.2026
2026:KER:5460
APPENDIX OF WP(C) NO. 40397 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
13.11.2023
Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER DATED
01.01.2024
Exhibit P3 TRUE COPY OF THE ORDER DATED 12.08.2024
ISSUED BY THE 2ND RESPONDENT
Exhibit P4 COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF
THE PETITIONER
