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Kerala High Court
Dr. Ushakumari M.C vs State Of Kerala on 29 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 3334 of 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 29TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947
WP(C) NO. 3334 OF 2026
PETITIONER/S:
DR. USHAKUMARI M.C
AGED 65 YEARS
D/O. CHELLAPPAN PILLAI, USHAMANDIRAM, PULAMON P.O.,
KOTTARAKKARA -, PIN - 691531
BY ADVS.
SRI.ANEESH JAMES
SHRI.JIJO THOMAS
SMT.M.D.BEENA
SMT.RENEETA VINU
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT
SECRETARIAT, STATUE, THIRUVANANTHAPURAM,
PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
KOLLAM REVENUE DIVISIONAL OFFICE, DISTRICT
COLLECTORATE, KOLLAM,, PIN - 691013
3 THE DEPUTY COLLECTOR (L.R.)
KOLLAM, DISTRICT COLLECTORATE, KOLLAM,
PIN - 691013
4 THE AGRICULTURAL OFFICER
MYLOM KRISHI BHAVAN, MYLOM, PALLICKAL P.O., KOLLAM,
PIN - 691566
W.P.(C) No. 3334 of 2026
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5 THE LOCAL LEVEL MONITORING COMMITTEE
MYLOM GRAMA PANCHAYAT REPRESENTED BY ITS CONVENOR,
THE AGRICULTURAL OFFICER, KRISHI BHAVANMYLOM,
PALLICKAL P.O., KOLLAM,
PIN - 691566
BY ADV.
SMT. DEEPA V., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 3334 of 2026
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 3334 of 2026
------------------------------------------------
Dated this the 29th day of January, 2026
JUDGMENT
This writ petition is filed seeking the following reliefs:
"a) Call for the records leading to Exhibit P7 and quash
the same by issue of a writ of certiorari or any other
appropriate writ order or direction.
b) Declare that the property of the petitioner covered by
Exhibit P1 is liable to be excluded from the data bank of Mylon
Grama Panchayat prepared under the provisions of the Kerala
Conservation of Paddy Land and Wetland Act, 2008 and direct
the respondents 1 to 3 to issue the necessary notifications to
remove Exhibit P1 property from the data bank within a time
limit to be stipulated by this Hon'ble Court
Or in the alternative
Issue a writ of mandamus of any other appropriate writ
order or direction compelling the 3rd respondent to consider
Exhibit P5 Form 5 application afresh in accordance with law
within a time limit stipulated by this Hon'ble Court.
c) Dispense with the filing of English Translation of
documents in vernacular language;
d) Issue such other writ, order or direction as this Hon'ble
Court deem fit while considering the peculiar circumstances of
the case in the interest of justice."[SIC]
2. The petitioner is aggrieved by the order passed by
the 3rd respondent rejecting the Form-5 application submitted
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by the petitioner 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 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
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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.P7 order is set aside.
2. The 3rd respondent/authorised officer is
directed to reconsider Ext.P5 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
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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 Vinumon v. District
Collector [2025 (6) KLT 275], shall be passed.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
DM
Judgment reserved NA
Date of Judgment 29.01.2026
Judgment dictated 29.01.2026
Draft Judgment placed 29.01.2026
Final Judgment uploaded 29.01.2026
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APPENDIX OF WP(C) NO. 3334 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SETTLEMENT DEED NO.
4210/2003 OF KOTTARAKKARA PRINCIPAL SRO
EXHIBIT P2 A TRUE COPY OF THE TAX PAID RECEIPT DATED
14.01.2025 IN RESPECT OF EXHIBIT P1
EXHIBIT P3 A TRUE COPY OF THE REPORT DATED
08.12.2003 SUBMITTED BY THE TAHASILDAR,
KOTTARAKKARA TO THE SUB COLLECTOR, KOLLAM
ON A COMPLAINT SUBMITTED BY THE
PETITIONER REGARDING THE BLOCKING OF
DRAINAGE CHANNELS ON ACCOUNT OF THE
FILLING UP OF THE NEIGHBOURING
EXHIBIT P4 A TRUE COPY OF THE RELEVANT PAGE OF DATA
BANK FOR MYLOM GRAMA PANCHAYAT WHICH
SHOWS THE ERRONEOUS INCLUSION OF THE
PETITIONER'S PROPERTY
EXHIBIT P5 A TRUE COPY OF THE APPLICATION IN FORM 5
DATED 17.01.2025 SUBMITTED BY THE
PETITIONER
EXHIBIT P6 A TRUE COPY OF THE REPORT DATED
07.07.2025 PREPARED BY THE 4TH RESPONDENT
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 13.07.2025
ISSUED BY THE 3RD RESPONDENT
