[Cites 3, Cited by 0]
Kerala High Court
Krishnalatha vs The Revenue Divisional Officer on 21 January, 2026
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:5375
WP(C) NO. 45666 OF 2025
1
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. 45666 OF 2025
PETITIONER/S:
KRISHNALATHA
AGED 56 YEARS
W/O RAVINDRAN, RESIDING AT SREEHARI, 11/441,
ESWARAMANGALAM P.O., PONNANI, MALAPPURAM - 679573
BY ADVS. SRI.T.C.SURESH MENON
SRI.B.DEEPAK
SMT.ANNA ROSE
RESPONDENT/S:
1 "THE REVENUE DIVISIONAL OFFICER
OTTAPPALAM, OFFICE OF THE REVENUE DIVISIONAL
OFFICER, COURT ROAD, OTTAPPALAM, PALAKKAD
DISTRICT, PIN - 679101"
THE 1ST RESPONDENT IS SUO MOTU SUBSTITUTED AS
"THE REVENUE DIVISIONAL OFFICER,
VIDYUT NAGAR,PALAKKAD-678001"
AS PER ORDER DATED 21.01.2026
2 THE AGRICULTURAL OFFICER
MARUTHARODE KRISHI BHAVAN, PALAKKAD, PIN - 678007
3 THE VILLAGE OFFICER
MARUTHARODE VILLAGE, PALAKKAD, PIN - 678007
2026:KER:5375
WP(C) NO. 45666 OF 2025
2
Smt. DEEPA V, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:5375
WP(C) NO. 45666 OF 2025
3
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(C.).No.45666 of 2025
----------------------------------------------
Dated this the 21st day of January, 2026
JUDGMENT
This writ petition is filed with following prayers:
i. call for the records leading to the passing of Ext.P3
by the 1st respondent and quash the same by the
issue of a writ of certiorari or other appropriate
writ, order or direction;
ii. issue a writ in the nature of mandamus directing
respondents 1 and 2 to reconsider the application
submitted by the petitioner in Form No.5 of the
Kerala Conservation of Paddy Land and Wet Land
Act, 2008 after putting her on notice and affording
to her an opportunity of being heard and obtaining
appropriate inputs from the KSREC;
iii. issue a writ in the nature of mandamus directing
the 1st respondent to correct the erroneous entries
in the data bank by deleting the petitioner's
property mentioned in Ext.P1, from the data bank;
2026:KER:5375
WP(C) NO. 45666 OF 2025
iv. dispense with the filing of translation of vernacular
documents;
v. issue such other writ, order or direction as this
honorable court deems fit and proper in the
circumstances of the case.
(SIC)
2. The petitioner is aggrieved by the order passed by
the 1st respondent rejecting the Form-5 application submitted
by her 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 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
2026:KER:5375
WP(C) NO. 45666 OF 2025
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 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:
2026:KER:5375
WP(C) NO. 45666 OF 2025
1. Ext.P3 order is set aside.
2. The 1st respondent/authorised officer is
directed to reconsider 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
2026:KER:5375
WP(C) NO. 45666 OF 2025
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
JV
Judgment reserved NA
Date of Judgment 21.01.2026
Judgment dictated 21.01.2026
Draft Judgment placed 22.01.2026
Final Judgment 23.01.2026
uploaded
2026:KER:5375
WP(C) NO. 45666 OF 2025
APPENDIX OF WP(C) NO. 45666 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED TO THE PETITIONER BY
THE 3RD RESPONDENT VILLAGE OFFICER VIDE
NO.96390601 DATED 19.08.2025
Exhibit P2 A TRUE COPY OF NON-OBJECTION CERTIFICATE
ISSUED BY SPECIAL GRADE SECRETARY,
MAROTHARODE GRAMA PANCHAYAT, DATED 20-
06-2011
Exhibit P3 A TRUE COPY OF NON-OBJECTION CERTIFICATE
ISSUED BY SPECIAL GRADE SECRETARY,
MAROTHARODE GRAMA PANCHAYAT, DATED 20-
06-2011
Exhibit P4 A TRUE COPY OF THE JUDGMENT RENDERED IN
W.P.(C) NO.35777/2023, DATED 31.10.2023
Exhibit P5 A TRUE COPY OF THE JUDGMENT RENDERED IN
W.P.(C) NO.2086, DATED 18.01.2024
