[Cites 3, Cited by 0]
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. 3364 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. 3364 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
KRISHI BHAVAN, MYLOM, PALLICKAL P.O., KOLLAM,
PIN - 691566
W.P.(C) No. 3364 of 2026
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5 THE LOCAL LEVEL MONITORING COMMITTEE
MYLOM GRAMA PANCHAYAT REPRESENTED BY ITS
CONVENOR, THE AGRICULTURAL OFFICER, KRISHI
BHAVAN,MYLOM, 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. 3364 of 2026
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 3364 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
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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 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
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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.
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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 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
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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. 3364 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.
2434/2005 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
