[Cites 2, Cited by 0]
Kerala High Court
Mohammed Shihab N vs Revenue Divisional Officer & Sub ... on 27 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:6459
WP(C) NO. 16284 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 27TH DAY OF JANUARY 2026 / 7TH MAGHA, 1947
WP(C) NO. 16284 OF 2024
PETITIONER/S:
MOHAMMED SHIHAB N,
AGED 39 YEARS
S/O ABBAS,NEYYATHUR HOUSE,CHAKKUMPADI,
VADAKKUMPURAM,MALAPPURAM DISTRICT, PIN - 676552
BY ADVS.
SHRI. AJMAL V. A.
SMT.A.C.ARFANA
SMT.FATHIMA V.A.
SHRI.BADARUDHEEN NEDUVANCHERY
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER & SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE,TIRUR,MALAPPURAM
DISTRICT, PIN - 676101
2 VILLAGE OFFICER,
KATTIPARUTHI VILLAGE,VALANCHERY,TIRUR
TALUK,MALAPPURAM DISTRICT, PIN - 676552
3 AGRICULTURAL OFFICER,
KRISHI BHAVAN, VALANCHERY,VALANCHERY
P.O.,MALAPPURAM DISTRICT, PIN - 676552
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WP(C) NO. 16284 OF 2024
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4 THE LOCAL LEVEL MONITORING COMMITTEE FOR THE
VALANCHERY GRAMA PANCHAYATH,
CONSTITUTED UNDER THE KERALA CONSERVATION OF
PADDY LAND AND WETLAND ACT, 2008, REPRESENTED BY
ITS CONVENER,AGRICULTURAL OFFICER,KRISHI BHAVAN,
VALANCHERY,VALANCHERY P.O.,MALAPPURAM DISTRICT,
PIN - 676552
OTHER PRESENT:
GP SRI K JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 16284 OF 2024
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P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(C.).No.16284 of 2024
----------------------------------------------
Dated this the 27th day of January, 2026
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ in the nature of certiorari or any other
appropriate writ, order or direction calling for the
records leading to Ext. P3 Order bearing
Proceedings No.2890/2023, dated 30.10.2023 of
the 1st respondent;
ii. Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction
commanding the 1st respondent to remove the
property of the petitioner having an area of 8.99
Ares of land comprised in Survey Nos. 127/4-15,
127/4-16 and 127/4-17 of the Kattipparuthi Village,
Tirur Taluk in Malappuram District from the Land
Data Bank of the Valanchery Grama Panchayat;
iii. Issue such other writ, order or direction as this
Hon'ble court deems fit and proper in the
circumstances of the case.
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WP(C) NO. 16284 OF 2024
iv. The petitioner undertakes that the petitioner will
produce the English translation of the documents in
the vernacular language as and when directed by
this Hon'ble Court.
(SIC)
2. The petitioner is aggrieved by the order passed by
the 1st 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 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
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WP(C) NO. 16284 OF 2024
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:
1. Ext.P3 order is set aside.
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WP(C) NO. 16284 OF 2024
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
directed by this Court in the judgment dated
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WP(C) NO. 16284 OF 2024
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 27.01.2026
Judgment dictated 27.01.2026
Draft Judgment placed 28.01.2026
Final Judgment 29.01.2026
uploaded
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WP(C) NO. 16284 OF 2024
APPENDIX OF WP(C) NO. 16284 OF 2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT DATED
27.07.2022 SUBMITTED BY THE 3 RD
RESPONDENT BEFORE THE 1 ST RESPONDENT
Exhibit P2 TRUE COPY OF THE REPORT
NO.A-172/2015/KSREC/006348/23 DATED
05.10.2023 OF THE KERALA STATE REMOTE
SENSING & ENVIRONMENT CENTRE (KSREC),
THIRUVANANTHAPURAM
Exhibit P3 TRUE COPY OF THE ORDER BEARING
PROCEEDINGS NO.2890/2023, DATED
30.10.2023 OF THE 1 ST RESPONDENT
RESPONDENT ANNEXURES
ANNEXURE R1(a) TRUE COPY OF THE KSREC REPORT
