Kerala High Court
Rajesh.K vs The Revenue Divisional Officer on 23 February, 2026
WP(C) No.21238 of 2021 1
2026:KER:16209
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
WP(C) NO. 21238 OF 2022
PETITIONERS:
1 RAJESH K., AGED 52 YEARS
S/O. K. KRISHNA KURUP, LEKSHMI NIVAS,
KAKKANADU, KAYAMKULAM, KARTHIKAPPALLY TALUK,
ALAPPUZHA DISTRICT, PIN - 690572
2 JAYANTHI P., AGED 48 YEARS
W/O RAJESH. K., LEKSHMI NIVAS,
KAKKANADU, KAYAMKULAM, KARTHIKAPPALLY TALUK,
ALAPPUZHA DISTRICT, PIN - 690572
BY ADVS.
SRI.C.D.ANIL
SHRI.D.ANIL KUMAR
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
CHENGANNUR, CHENGANNUR P.O.,
ALAPPUZHA DISTRICT,
PIN - 689121
2 THE AGRICULTURAL OFFICER,
PATHIYOOR AGRICULTURAL OFFICE, KEERICKADU.P.O.
KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT,
PIN - 690508
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3 THE TAHASILDAR,
KARTHIKAPPALLY TALUK, HARIPAD. P.O.,
ALAPPUZHA DISTRICT, PIN - 690516
4 THE VILLAGE OFFICER,
PATHIYOOR VILLAGE, KEERICKADU.P.O.,
KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT,
PIN - 690508
5 THE LOCAL LEVEL MONITORING COMMITTEE,
PATHIYOOR AGRICULTURAL OFFICE, KEERICKADU.P.O. ,
KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT,
REPRESENTED BY ITS CONVENER, PIN - 690508
GP RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.21238 of 2021 3
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VIJU ABRAHAM, J.
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W.P.(C) No.21238 of 2022
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Dated this the 23rd day of February, 2026
JUDGMENT
The petitioners have approached this Court aggrieved by the issuance of Ext.P20 order, whereby Form-5 application submitted by them has been rejected by the 1st respondent, solely relying on the report of the Agricultural Officer. The petitioners would contend that there is no independent consideration by the 2nd respondent regarding the issue involved.
2. The petitioners are the owners in possession and enjoyment of property having an extent of 17.99 Ares in Sy.No.873/10B of Pathiyoor Village.
3. This Court in Salim C.K. and Another v. State of Kerala and Others[2017 (1) KHC 394] has held that the Data Bank that was contemplated as per the provisions of the Act was to contain details only of cultivable paddy land and wetland within the area of jurisdiction of LLMC concerned. Further in Lalu P.S. v.
State of Kerala[2020 (5) KHC 490] has held that the data bank WP(C) No.21238 of 2021 4 2026:KER:16209 to be prepared under the Act is the data bank of the cultivable paddy land existing as on the date of the coming into force of the Rules, i.e., 24.12.2008. In Joy v. Revenue Divisional Officer/Sub Collector[2021 (1) KLT 433] it was held that it is the character and fitness of the land as available on 12.08.2008, that matters, to include or exclude a land from the data bank. This court in Arthasasthra Ventures (India) LLP v. State of Kerala[2022 (4) KLT OnLine 1222] has held that the most relevant aspect while considering Form-5 application is whether the land in question was a paddy land or a wetland when the Act, 2008 came into force and whether the land is fit for paddy cultivation and if the Revenue Divisional Officer was not satisfied with the available materials, ought to have resorted to scientific data including satellite photographs obtained from KSREC. This court in Muraleedharan Nair v. Revenue Divisional Officer[2023 (4) KLT 270] has held that when the petitioner seeks removal of his land from the Data Bank, it will not be sufficient for the Revenue Divisional Officer to dismiss the application simply stating that the LLMC has decided not to remove the land from Data Bank. The WP(C) No.21238 of 2021 5 2026:KER:16209 Revenue Divisional Officer being the competent authority, has to independently assess the status of the land and come to a conclusion that removal of the land from Data Bank will adversely affect paddy cultivation in the land in question or in the nearby paddy lands or that it will adversely affect sustenance of wetlands in the area and in the absence of such findings, the impugned order is unsustainable. Further, this Court in Aparna Sasi Menon v.
Revenue Divisional Officer[2023 (5) KLT 432] has held that the predominant factor for consideration while considering the Form-5 application should be whether the land which is sought to be excluded from Data Bank is one where paddy cultivation is possible and feasible.
4. In spite of these categorical declaration by this Court in a catena of judgments as cited above, the application submitted by the petitioners has been rejected solely relying on the decision of the LLMC, not to remove the land from the data bank.
5. In view of the above, Ext.P20 is set aside with a consequential direction to the 1st respondent to reconsider the Form-5 application submitted by the petitioners and take a final WP(C) No.21238 of 2021 6 2026:KER:16209 decision in the matter after considering Ext.P8 KSREC report as well as the relevant factors stipulated in Rule 4 (4f) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 and after conducting a site inspection. Petitioners will be free to file an argument note incorporating copies of the judgments relied on by them to substantiate their contentions and the 1st respondent, while reconsidering the matter as directed above, shall advert to the findings by this Court in those judgments cited (supra) and also the contentions of the petitioners in the argument notes submitted by them.
The writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM JUDGE sp/23/02/2026 WP(C) No.21238 of 2021 7 2026:KER:16209 APPENDIX OF WP(C) NO. 21238 OF 2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.
863/2006, DATED 29/5/2006 ON THE FILE OF KAREELAKULANGARA, SUB REGISTRAR OFFICE Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PATHIYOOR VILLAGE DATED 12/10/2021 Exhibit P3 THE TRUE COPY OF THE CERTIFICATE ISSUED 2ND RESPONDENT DATED 21.08.2007 Exhibit P4 A TRUE COPY OF THE DRAFT DATA BANK PUBLISHED IN THE YEAR 2012 FROM THE OFFICE OF THE 2ND RESPONDENT Exhibit P5 THE TRUE COPY OF THE PETITION DATED 24/8/2017 VIDE RECEIPT NO.204 BEFORE THE 5TH RESPONDENT Exhibit P6 A TRUE COPY OF THE MINUTES OF THE 5TH RESPONDENT DATED 6/11/2020 Exhibit P7 A TRUCE COPY OF THE MINUTES OF THE 5TH RESPONDENT DATED 2/11/2018 Exhibit P8 A TRUE COPY OF THE REPORT AND COVERING LETTER ADDRESSED TO THE 2ND RESPONDENT FROM THE OFFICE KSREC VIDE REFERENCE NO. A/172/2015/KSREC/008275/19 Exhibit P9 A TRUE COPY OF THE FIELD MEASUREMENT SKETCH ISSUED BY THE VILLAGE OFFICE, PATHIYOOR WITH RESPECT TO RESURVEY NO.873/10B Exhibit P10 A TRUE COPY OF THE REPORT NO.
A/172/2015/KSREC/008275 Exhibit P11 A TRUE COPY OF THE APPLICATION FILED BEFORE THE 2ND RESPONDENT ON 23/12/2020 Exhibit P12 A TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 24/12/2020 WP(C) No.21238 of 2021 8 2026:KER:16209 Exhibit P13 A TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT OF THE PATHIYOOR GRAMA PANCHAYATH DATED 8/3/2021 Exhibit P14 A TRUE COPY OF THE PROCEEDINGS OF THE PRINCIPAL AGRICULTURAL OFFICER, ALAPPUZHA, VIDE REFERENCE NO. TA (3)10399/2021 DATED 27/1/2022 Exhibit P15 A TRUE COPY OF THE FORM NO.5 DATED 12/4/2021 PREFERRED BEFORE THE 1ST RESPONDENT Exhibit P15(a) A TRUE OF THE DIRECTION FROM THE OFFICE OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 12/4/2021 Exhibit P15(b) A TRUE COPY OF THE DIRECTION IN SR NO.913/2021 DATED 12/4/2021 Exhibit P15(c) A TRUE COPY OF THE DIRECTION FROM THE OFFICE OF THE REVENUE DIVISIONAL OFFICER, CHENGANNUR DATED 12/4/2021 TO THE AGRICULTURAL OFFICER AND TO THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE Exhibit P15(d) A TRUE COPY THE REPORT OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 28/4/2021 Exhibit P15(e) A TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT TO THE 1ST RESPONDENT Exhibit P15(f) A TRUE COPY OF THE PERFORMA REPORT OF THE 4TH RESPONDENT TO THE 1ST RESPONDENT DATED 11/8/2021 Exhibit P15(g) A TRUE COPY OF THE MAHAZAR PREPARED BY THE 4TH RESPONDENT DURING THE EXHIBIT P15 PROCEEDINGS DATED NIL Exhibit P15(h) A TRUE COPY OF THE THANDAPPER ACCOUNT FORMS PART OF THE ENQUIRY BY THE 1ST RESPONDENT VIDE THANDAPPER NO.19836 Exhibit P15(i) A TRUE COPY OF THE LOCATION SKETCH PREPARED BY THE 4TH RESPONDENT Exhibit P16 A TRUE COPY OF THE EXTRA ORDINARY GAZETTE IN VOLUME NO.10, NUMBER 142 DATED 16/1/2021 WP(C) No.21238 of 2021 9 2026:KER:16209 Exhibit P17 A TRUE COPY THE DECISION VIDE NO.27 (1) DATED 12/2/2021 OF PATHIYOOR GRAMA PANCHAYATH Exhibit P18 A TRUE COPY OF THE INTIMATION FROM THE OFFICE OF THE 1ST RESPONDENT DATED 9/2/2022 Exhibit P19 A TRUE COPY OF THE PETITION FILED BY THE 1ST PETITIONER ON 6/4/2022 Exhibit P20 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT VIDE NO.A1/7056/21 DATED 21/5/2022