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Kerala High Court
Muhammadali vs The Revenue Divisional Officer/Sub ... on 27 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:6462
WP(C) NO. 22799 OF 2024
1
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. 22799 OF 2024
PETITIONER/S:
1 MUHAMMADALI,
AGED 55 YEARS
S/O. MOOSA HAJI, THARAVATTATH HOUSE, KURICHAKAM,
VELOM, KOZHIKKODE, PIN - 673508
2 MUHAMMADALI,
AGED 56 YEARS
S/O. LATE KUNHABDULLA, KIZHAKEVALLATH,
KURICHAKAM, VELOM, KOZHIKODE, PIN - 673508
BY ADVS.
SMT.M.A.VAHEEDA BABU
SRI.BABU KARUKAPADATH
SMT.ARYA RAGHUNATH
SHRI.KARUKAPADATH WAZIM BABU
SHRI.DENNIS BIJU
SHRI.ABUASIL A.K.
SHRI.SHAWN JOHNSON
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE, VATAKARA, KOZHIKODE,
KERALA, PIN - 673101
2 THE TAHASILDAR,
VATAKARA TALUK, VATAKARA TALUK OFFICE, COURT
ROAD. KOZHIKODE DISTRICT,, PIN - 673101
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WP(C) NO. 22799 OF 2024
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3 THE VILLAGE OFFICER,
VATAKARA VILLAGE OFFICE, KOZHIKODE DISTRICT, PIN
- 673101
OTHER PRESENT:
GP SMT DEEPA V
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. 22799 OF 2024
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P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(C.).No.22799 of 2024
----------------------------------------------
Dated this the 27th day of January, 2026
JUDGMENT
This writ petition is filed with following prayers:
i. issue a writ of certiorari or any other appropriate
writ, order or direction quashing Exhibit P11;
ii. declare that the petitioners are entitled for orders
from the 1st respondent allowing change of nature
of the property covered by Exhibit P2 Sale Deed,
now measuring 18.1 Ares situated in Re-Survey No.
238/01 of Vatakara Village of Vatakara Taluk and
further consequential orders to the 2nd and 3rd
respondents to make appropriate
correction/addition in the BTR Register as Garden
Land;
iii. issue a writ of mandamus, other appropriate writ,
order or direction commanding the 1st respondent
to pass revised final orders in Exhibit P5 Form 9
Application by allowing change of nature of the
property covered by Exhibit P2 Sale Deed, now
measuring 18.1 Ares situated in Re-Survey
No.238/01 of Vatakara Village of Vatakara Taluk
and further direct the respondents 2 and 3 to make
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WP(C) NO. 22799 OF 2024
appropriate consequential correction/addition in
the BTR Register as Garden Land, on assessing the
land afresh and continue to accept the Land tax
from the petitioners, treating it as Purayidom;
iv. Grant such other reliefs, as this Hon'ble Court shall
deem just.
(SIC)
2. Petitioners submitted a Form-9 application in
accordance with the Kerala Conservation of Paddy Land and
Wetland Rules, 2008. Ext.P5 is the application. Exts.P8 and
P10 are the reports of the Village Officer in favour of the
petitioners is the submission. Now, as per Ext.P11, the
application is rejected without assigning any reason. The
petitioners also relied on Exts.P12 and P13.
3. Heard the learned counsel for the petitioners and the
learned Government Pleader.
4. This Court perused Ext.P11 order passed in the
Form-9 application. I am of the considered opinion that this is
not the manner in which a Form-9 application is to be rejected.
It is not a speaking order. For that simple reason, I am forced
to set aside Ext.P11 order. The authorised officer has to
reconsider Ext.P11 in the light of Exts.P8, P10, P12 and P13.
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WP(C) NO. 22799 OF 2024
Therefore, this Writ Petition is disposed of in the following
manner:
1. Ext.P11 order is set aside.
2. The 1st respondent/authorised officer is directed
to reconsider the Form-9 application submitted
by the petitioners, in the light of Exts.P8, P10,
P12 and P13 and also in the light Rule 12(13) of
the Kerala Conservation of Paddy Land and
Wetland Rules, 2008, as expeditiously as
possible, at any rate, within a period of three
months from the date of receipt of a copy of this
judgment.
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. 22799 OF 2024
APPENDIX OF WP(C) NO. 22799 OF 2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE DEED DATED
31/12/2007 OF SRO VATAKARA BY WHICH THE
PREDECESSOR IN INTEREST OF THE
PETITIONERS MR.BINIL RAJ R.K. PURCHASED
20 ARES OF GARDEN LAND,
Exhibit P2 A TRUE COPY OF THE SALE DEED DATED
19/05/2014 OF SRO VATAKARA BY WHICH THE
PETITIONERS PURCHASED THE PROPERTY FROM
THE VENDEE IN EXHIBIT P1
Exhibit P3 A TRUE COPY OF THE PHOTOGRAPHS OF THE
PROPERTY
Exhibit P4 A TRUE COPY OF THE PATTA DATED
24/01/1976 ISSUED BY THE VATAKARA LAND
TRIBUNAL IN FAVOUR OF THE THEN EXISTING
TENANT OF THE PROPERTY,
Exhibit P5 A TRUE COPY OF THE APPLICATION DATED
13/02/2019 SUBMITTED BY THE PETITIONERS
IN FORM 9 UNDER RULE 12(13) OF THE
KERALA CONSERVATION OF PADDY LAND & WET
LAND RULES, 2008 AS AMENDED,(WITHOUT
ANNEXURES),
Exhibit P6 A TRUE COPY OF THE STATEMENT GIVEN BY
THE OWNERS OF THE NEIGHBOURING
PROPERTIES DATED NIL SUBMITTED ALONG
WITH EXHIBIT P5,
Exhibit P7 A TRUE COPY OF THE LETTER DATED
04/06/2019 SENT BY THE 1ST RESPONDENT
TO THE 2ND RESPONDENT, WHICH WAS
OBTAINED BY THE PETITIONERS UNDER THE
RTI ACT,
Exhibit P8 A TRUE COPY OF THE REPORT DATED
10/10/2019 SUBMITTED BY THE 2ND
RESPONDENT BEFORE THE 1ST RESPONDENT
ALONG WITH THE FIELD SKETCH, PHOTOGRAPH
ETC, BUT INCORRECTLY SHOWING THE FORM
AS FORM 6, WHICH WAS LATER OBTAINED BY
THE PETITIONERS UNDER THE RTI ACT,
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WP(C) NO. 22799 OF 2024
Exhibit P9 A TRUE COPY OF THE LETTER DATED
19/07/2021 RECEIVED BY THE PETITIONERS
FROM THE 2ND RESPONDENT, INSTRUCTING TO
PRODUCE RELEVANT DOCUMENTS SHOWING
THAT, THE LAND WAS CONVERTED BEFORE
04/07/1967
Exhibit P10 A TRUE COPY OF THE REPORT DATED
02/08/2021 OF THE 2ND RESPONDENT
VILLAGE OFFICER ON FORM 9 APPLICATION
SUBMITTED BY THE PETITIONERS
Exhibit P11 A TRUE COPY OF THE DRAFT ORDER DATED
01/2022 IN FORM 9 APPLICATION, RECEIVED
UNDER THE RTI ACT, WHICH IS SEALED AS
SENT ON 07/02/2022
Exhibit 11(a) A TRUE LEGIBLE COPY OF EXHIBIT P11
Exhibit P12 A true copy of the Adhaar Card of
Ramachandran.K.K, one of the signatory
of Exhibit P6 showing his year of birth
as 1947
Exhibit P13 A true copy of the Adhaar Card of
Premrajan K.K, one of the signatory of
Exhibit P6, showing his year of birth
as 1957
