[Cites 2, Cited by 0]
Kerala High Court
Mohamed Musthafa K P vs The District Collector, Malappuram on 23 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
WP(C) NO. 34160 OF 2024
PETITIONER/S:
MOHAMED MUSTHAFA K P.,
AGED 61 YEARS
S/O. POKKAR MASTER, KALLOOPARAMBAN HOUSE, KOZHIKODE
ROAD, CHEMMAD, TIRURANGADI, MALAPPURAM, KERALA,
PIN - 676306.
BY ADVS.
SHRI.K.J.MOHAMMED ANZAR
SMT.P.K.MINIMOLE
SHRI.A.RADHAKRISHNAN NAIR
SHRI.BAPPU GALIB SALAM
SHRI.G.MOTILAL
RESPONDENT/S:
1 THE DISTRICT COLLECTOR, MALAPPURAM,
COLLECTORATE, CONFERENCE HALL, COLLECTORATE RD,
UP HILL, MALAPPURAM, KERALA, PIN - 676505.
2 SUB-COLLECTOR/REVENUE DIVISIONAL OFFICER, TIRUR,
REVENUE DIVISIONAL OFFICE TIRUR-THRIKANDIYOOR RD,
TIRUR, MALAPPURAM, KERALA, PIN - 676101.
3 DEPUTY COLLECTOR (L.A), MALAPPURAM,
COLLECTORATE, CONFERENCE HALL, COLLECTORATE RD, UP
HILL, MALAPPURAM, KERALA, PIN - 676505.
4 THE LOCAL LEVEL MONITORING COMMITTEE,
BEING REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL
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WP(C) NO. 34160 OF 2024 2
OFFICER, TIRUR KRISHI BHAVAN, TIRUR, TIRUR, MALAPPURAM,
PIN - 680581.
SRI K JANARDHANA SHENOY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 34160 OF 2024 3
P.V. KUNHIKRISHNAN, J.
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W.P.(C) No.34160 of 2024
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Dated this the 23rd day of January, 2026
JUDGMENT
This writ petition is filed seeking the following reliefs:
i. Call for the records relating to Ext.P7 order of the 2nd Respondent
Sub-Collector/Revenue Divisional Officer, Tirur and to quash the
same order by issuing a Writ of Certiorari or any other Writs, Orders
or Directions.
ii. Declare that the property of the Petitioner having a total extent of
27.1 Ares, split up into 3 extents, 4.5 Ares comprised in Sy. No.
319/1-5, 3.98 Ares comprised in Sy. No. 320/2-5, and 18.98 Ares
comprised in Sy No. 304/1-5 situated at Tirurangadi Village,
Tirurangadi Taluk in Malappuram District is dry/garden land, having
all the characterisation of Purayidam and therefore the inclusion of
18.98 Ares of the property in the data bank is liable to be excluded.
iii. Issue such other and further writs, orders or directions as this
Hon'ble Court deems fit and proper in the facts and circumstances of
the case.
iv. Dispense with the filing of the translation of vernacular
documents.
[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
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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 authorized officer
has directly inspected the property or called for the satellite pictures
as mandated under Rule 4(4f) of the Rules. Eventhough, KSREC
report is available, the same is not properly considered by the
authorized 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
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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.P7 order is set aside.
2. The 2nd respondent/authorised officer is directed to
reconsider Ext.P6 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.
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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
Sru
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APPENDIX OF WP(C) NO. 34160 OF 2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 141/1991 DATED
16.01.1991 OF SRO TIRURANGADI
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
24.04.2024
Exhibit P3 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
NATURE OF THE PETITIONER'S PROPERTY
Exhibit P4 TRUE COPY OF THE KLU ORDER NO. B7-675/05
DATED 01.03.2005
Exhibit P5 TRUE COPY OF THE BUILDING PERMIT NO.
17670/14-15 DATED 20.06.2015
Exhibit P6 TRUE COPY OF THE FORM 5 APPLICATION HAVING
FILE NO. 154/2022/290106 DATED 23.03.2022
Exhibit P7 TRUE COPY OF ORDER NO. 4647/2024 DATED
07.05.2024
Exhibit P8 TRUE COPY OF THE KSREC REPORT NO. A-
172/2015/KSREC/007102/23 DATED 05.02.2024
Exhibit P9 TRUE COPY OF THE ORDER HAVING FILE NO.
1101/2023 DATED 23.09.2023
