Kerala High Court
Ajayan V.G vs The State Of Kerala on 16 March, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO.11378 OF 2025
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2026:KER:23305
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 16TH DAY OF MARCH 2026 / 25TH PHALGUNA, 1947
WP(C) NO. 11378 OF 2025
PETITIONER/S:
AJAYAN V.G,
AGED 48 YEARS
S/O. K.N.GOPALAN,VALECHIRA HOUSE,KUMARAKOM
P.O., KOTTAYAM, PIN - 686563
BY ADVS.
SHRI.GEORGE SEBASTIAN
SHRI.ADITYA T.P.
SHRI.ANTONY THOMAS
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF AGRICULTURE (N.C.A.),
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695011
2 THE DISTRICT COLLECTOR,
KOTTAYAM, COLLECTORATE,KOTTAYAM, PIN - 686002
3 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION, KOTTAYAM, PIN - 686001
4 THE VILLAGE OFFICER,
KUMARAKOM VILLAGE,KUMARAKOM P.O., KOTTAYAM,
PIN - 686563
5 THE AGRICULTURAL OFFICER,
KRISHIBHAVAN,KUMARAKOM, KUMARAKOM P.O,
KOTTAYAM, PIN - 686563
WP(C) NO.11378 OF 2025
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6 THE LOCAL LEVEL MONITORING COMMITTEE OF
KUMARAKOM GRAMAPANCHAYATH,
AGED 76 YEARS
(CONSTITUTED UNDER ACT 28 OF 2008),
REPRESENTED BY ITS CONVENER, THE AGRICULTURAL
OFFICER, KRISHIBHAVAN, KUMARAKOM, KOTTAYAM,
PIN - 686563
7 K.T. THOMAS,
AGED 76 YEARS
S/O K.C. THOMAS,KALAPURATHUVAYALIL, ETTUMANOOR
P.O.,KOTTAYAM, PIN - 686631
BY ADVS.
SHRI.K.C.VINCENT
SPL GP, SRI. S RENJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.03.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.11378 OF 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) No. 11378 of 2025
-------------------------------
Dated this the 16th day of March, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"i. To issue a writ of certiorari calling for the records leading to Ext P9 and to quash the same.
ii. To direct the respondents to ensure that the property mentioned in Ext P9 is not converted and to restore the status of the property as it was on the date of coming into force of Act 28 of 2008.
iii. To dispense with the production of English translation of Vernacular documents iv. To grant such other reliefs as this Honourable Court may deem fit and proper."
[SIC]
2. The petitioner is a resident of Kumarakom Village in Kottayam Taluk in Kottayam District. He used to take paddy fields on lease and used to conduct paddy cultivation on the leased properties, is the submission. During the year 2010, the 7th respondent purchased the property in Resurvey WP(C) NO.11378 OF 2025 4 2026:KER:23305 No. 4/2-1 and 4/2-3 of Kumarakom Village admeasuring 34.61 Ares, knowing that the property is subject to all the restrictions as per the provisions of the Kerala Conservation of Paddy land and Wet land Act, 2008 (for short 'Act, 2008'), is the submission. He had filed an application for converting the property purportedly for public purpose, which was dismissed by Ext.P1, is the further submission. There were many attempts from the part of the 7th respondent to illegally convert the property in question, which is evident from Exts.P2 to P5. By Ext.P6, the local level monitoring committee decided to include the property as wet land in the data bank and the 2nd respondent passed Ext.P7 order under Sec. 13 of Act, 2008 directing the 7 th respondent to restore the property in the original position, is the submission. During the pendency of Sec.13 proceedings, the 7th respondent filed an application in Form - 5 before the 3 rd respondent. The 3rd respondent, after analyzing the KSREC report and other relevant inputs, rejected the application as evident by Ext.P8. The 7th respondent challenged Ext.P8 before this Court by filing W.P.(C) No. 27932/2021 and the same was set aside and there was a direction to reconsider the application. While so, the 7th respondent preferred a WP(C) NO.11378 OF 2025 5 2026:KER:23305 revision before the Government against Ext.P7 and based on the directions in the judgment in W.P.(C) No. 27932/2021, the 3rd respondent allowed the Form - 5 application, as evident by Ext.P9, is the submission. According to the petitioner, the said order was passed without considering the ground reality. After Ext.P9, the 7th respondent preferred an application in Form - 7 before the 3 rd respondent. The said application was rejected by the 3 rd respondent, as evident by Ext.P10 after considering the report of the agricultural officer and KSREC, is the further submission. The government disposed of the revision petition filed against Ext.P7 remanding the matter back to the 2 nd respondent. Challenging Ext.P9 and challenging the order of the government in revision, the 7th respondent preferred W.P.(C) No.39768/2024 before this Court and the same is pending consideration. According to the petitioner, Ext.P9 order is unsustainable, and if the property is removed from the data bank, it will prejudice the interests of the petitioner as well, who is the owner of the adjacent paddy field. Hence this Writ Petition is filed.
3. Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader and the WP(C) NO.11378 OF 2025 6 2026:KER:23305 learned counsel appearing for the 7th respondent.
4. The petitioner challenged Ext.P9 order passed by the authorised officer by which a Form - 5 application was allowed. Counsel for the petitioner relied on the statement filed by the 3rd respondent, in which it is stated that the property was not converted prior to 2008. The counsel also takes me through Ext.P7 order, by which proceedings under Section 13 were initiated. According to the petitioner, Ext.P7 is contradictory to Ext.P9.
5. Counsel for the 7th respondent takes me through the relevant portion of Ext.P9 and submitted that it is a detailed order and there is nothing to interefere with the same.
6. The Special Government Pleader also supported Ext.P9 order.
7. This Court considered the contentions of the petitioner and the respondents. This Court perused Ext.P9 order. Ext.P9 is a speaking order. The authorised officer conducted a detailed investigation and after perusing all the relevant records, passed Ext.P9 order. The authorised officer has considered all the criteria to be decided while a Form - 5 application is to be considered. This Court in WP(C) NO.11378 OF 2025 7 2026:KER:23305 Vinumon v. District Collector [2025 (6) KLT 275], considered the manner in which a Form - 5 application is to be considered. A perusal of Ext.P9 order would show that it is a speaking order passed in tune with the dictum laid down by this Court in Vinumon's case (supra). The jurisdiction of this Court to interfere with such order is very limited. This Court cannot sit in appeal against Ext.P9 order. The authorised officer is a fact finding authority. The fact finding authority after inspection of the property and considering all the relevant facts, allowed the Form - 5 application. Unless there is serious illegality, irregularity or impropriety, this Court need not invoke the jurisdiction under Article 226 of the Constitution of India. I see absolutely no reason to interfere with Ext.P9 order. There is no merit in this Writ Petition.
Accordingly, the Writ Petition is dismissed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Judgment reserved NA
Date of judgment 16.03.2026
Judgment dictated 16.03.2026
Draft Judgment Placed 17.03.2026
Final Judgment Uploaded 18.03.2026
WP(C) NO.11378 OF 2025
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APPENDIX OF WP(C) NO. 11378 OF 2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION DATED 11.05.2012 ISSUED BY THE GOVERNMENT OF KERALA TO THE 3RD RESPONDENT EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE REPORT DATED 20.08.2014 GIVEN BY THE 4TH RESPONDENT TO THE 3RDRESPONDENT EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 20.08.2014 ISSUED BY THE 4TH RESPONDENT TO THE 7TH RESPONDENT EXHIBIT P4 A TRUE COPY OF THE REPORT DATED 28.02.2018 GIVEN BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 21.02.2019 ISSUED BY THE 4TH RESPONDENT TO THE 7TH RESPONDENT EXHIBIT P6 A TRUE COPY OF THE MINUTES OF THE 6TH RESPONDENT DATED 31.10.2018 EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 22.06.2021 OF THE 2ND RESPONDENT DIRECTING RESTORATION EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 16.11.2021 PASSED BY THE 3RD RESPONDENT EXHIBIT P9 A TRUE COPY OF THE ORDER NO.
RDOKTM/2262/2022/B1/KDIS DATED 09. 01.2024 PASSED BY THE 3RD RESPONDENT EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 12.08.2024 PASSED BY THE 3RD RESPONDENT EXHIBIT P11 A TRUE COPY OF THE APPLICATION DATED 22.02.2025 SUBMITTED BY THE PETITIONER UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT BEFORE THE OFFICE OF THE 4TH RESPONDENT RESPONDENT EXHIBITS EXHIBIT R7(A) A TRUE COPY OF THE MINUTES OF THE LOCAL LEVEL MONITORING COMMITTEE MET WP(C) NO.11378 OF 2025 9 2026:KER:23305 ON 22.10.2011 EXHIBIT R7 (B) A TRUE COPY OF THE AFFIDAVIT DATED 16.05.2023 SWORN BY DHANYA SABU, THE GRAMA PANCHAYAT PRESIDENT EXHIBIT R7(C) A TRUE COPY OF THE AFFIDAVIT DATED 03.05.2023 SWORN BY C.P. JAYAN EXHIBIT R7 (D) A TRUE COPY OF THE AFFIDAVIT DATED 03.05.2023 SWORN BY N.J. JOHN PETITIONER EXHIBITS EXHIBIT P12 A TRUE COPY OF THE APPLICATION DATED 11.03.2025 SUBMITTED BY THE PETITIONER BEFORE THE OFFICE OF THE 2 ND RESPONDENT UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT EXHIBIT P13 A TRUE COPY OF THE REPLY DATED 05.04.2025 ISSUED FROM THE OFFICE OF THE 2 ND RESPONDENT EXHIBIT P14 A TRUE COPY OF THE APPLICATION DATED 11.03.2025 SUBMITTED BY THE PETITIONER BEFORE THE OFFICE OF THE LAND REVENUE COMMISSIONER UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT EXHIBIT P15 A TRUE COPY OF THE REPLY DATED 05.04.2025 ISSUED FROM THE OFFICE OF THE LAND REVENUE COMMISSIONER EXHIBIT P16 A TRUE COPY OF THE APPLICATION DATED 11.03.2025 SUBMITTED BY THE PETITIONER BEFORE THE OFFICE OF THE DIRECTOR OF VIGILANCE UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT EXHIBIT P17 A TRUE COPY OF THE REPLY DATED 05.04.2025 ISSUED FROM THE DIRECTORATE, VIGILANCE AND ANTI- CORRUPTION BUREAU THIRUVANANTHAPURAM EXHIBIT P18 A TRUE COPY OF THE LETTER DATED 25.09.2017 ISSUED BY HON'BLE MINISTER FOR AGRICULTURE EXHIBIT P19 A TRUE COPY OF THE LETTER DATED 25.09.2025 ISSUED BY THE 5 TH RESPONDENT TO THE PETITIONER EXHIBIT P20 A TRUE COPY OF THE MINUTES OF THE MEETING OF THE SELF-HELP GROUP BY WP(C) NO.11378 OF 2025 10 2026:KER:23305 NAME CHANGATHIKOOTTAM DATED 12.10.2018 EXHIBIT P21 A TRUE COPY OF THE APPLICATION DATED 04.11.2025 SUBMITTED BY THE PETITIONER BEFORE THE OFFICE OF THE 5 TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT EXHIBIT P22 A TRUE COPY OF THE REPLY ISSUED BY THE 5 TH RESPONDENT TO THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT IN RESPONSE TO EXT P21