Kerala High Court
Abdul Rahiman M vs Revenue Divisional Officer on 27 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 32254 OF 2025 1
2026:KER:6844
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. 32254 OF 2025
PETITIONER/S:
ABDUL RAHIMAN M
AGED 41 YEARS
KABEER MANZIL, UDAYAWAR, OPPOSITE VILLAGE OFFICE,
MANJESWAR, MANJESHWARAM, KASARAGOD DISTRICT, KERALA,
PIN - 671323
BY ADV SHRI.ADIL.M.H
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, PUTHIYAKOTTA P.O,
HOSDURG, KANHANGAD, KASARAGOD, KERALA, PIN - 671315
2 THE VILLAGE OFFICER
UDYAVAR VILLAGE OFFICE, KUNJATHUR, NEAR MADA IN NH
66 MANJESHWARA KERALA, PIN - 671323
3 THE AGRICULTURAL OFFICER
MANJESHWAR KRISHI BHAVAN, MANJESHWAR-HOSANGADI OLD
HWY, MANJESHWAR, HOSABETTU, KASARAGOD, KERALA, PIN -
671323
4 THE LOCAL LEVEL MONITORING COMMITTEE
(CONSTITUED UNDER THE KERALA CONSERVATION OF PADDY
LAND AND WET LAND ACT, 2008) REPRESENTED BY IT'S
CONVENOR, THE AGRICULTRURAL OFFICER, MANJESHWAR
WP(C) NO. 32254 OF 2025 2
2026:KER:6844
KRISHI BHAVAN, MANJESHWAR-HOSANGADI OLD HWY,
MANJESHWAR, HOSABETTU, KASARAGOD DISTRICT, KERALA,
PIN - 671323
5 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
REPRESENTED BY IT'S DIRECTOR, 1ST FLOOR, NEAR
LEGISLATIVE ASSEMBLY, VIKAS BHAVAN, UNIVERSITY OF
KERALA SENATE HOUSE CAMPUS, PMG, THIRUVANANTHAPURAM,
KERALA, PIN - 695033
OTHER PRESENT:
GP SRI K JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 32254 OF 2025 3
2026:KER:6844
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 32254 of 2025
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Dated this the 27th day of January, 2026
JUDGMENT
The above writ petition is filed with following prayers :
1. "Issue a writ of Certiorari or any other appropriate writ, order or direction quashing Exhibit-P3 order dated 21.04.2025, passed by the 1st respondent, as the same has been issued mechanically and without considering the actual physical condition of the property.
2. Declare that the petitioner's property covered under Exhibit-P1 is neither "paddy land" nor "wetland" within the meaning of the Kerala Conservation of Paddy Land and Wetland Act, 2008, but is a barren residential plot situated in the midst of residential buildings, with no irrigation facilities and not fit for cultivation.
3. Issue a writ of Mandamus directing the 1st and 3rd respondents to reconsider the petitioner's Form No.5 application after conducting a proper site inspection, taking into account the photographs of the property, the existence of the well, absence of irrigation, and the surrounding residential character of the area or after obtaining a mandatory report from the 5th respondent (KSRSEC) and WP(C) NO. 32254 OF 2025 4 2026:KER:6844 after granting the petitioner an opportunity of hearing.
4. Direct the 2nd respondent to correct the Data Bank/revenue entries relating to the petitioner's property, so as to record its true status as dry/residential land, in order to prevent further prejudice to the petitioner.
5. Direct the respondents to permit the petitioner to construct a residential building on the property covered under Exhibit-P1, subject to other statutory clearances, so that the petitioner and her family may enjoy the property for residential use" [sic]
2. The petitioner challenges Ext.P3 order by which Form-5 application is rejected. In Ext.P3, it is stated that the petitioner earlier filed a Form-5 application and the same is rejected. Therefore, the Form-5 application cannot be entertained for the second time. This Court directed the Government Pleader to produce that rejection order passed in the first Form-5 application. The Government Pleader as per order dated 13.01.2026 produced the first order (File No. 50/2024 dated 16.11.2024). If that is the case, the petitioner has to challenge Ext.P3 and the earlier order passed in the Form-5 application.
WP(C) NO. 32254 OF 2025 52026:KER:6844 Granting liberty to the petitioner to challenge these orders separately, this writ petition is disposed of.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 27/01/2026
Judgment dictated 27/01/2026
Draft judgment placed 28/01/2026
Final judgment uploaded 30/01/2026 WP(C) NO. 32254 OF 2025 6 2026:KER:6844 APPENDIX OF WP(C) NO. 32254 OF 2025 PETITIONER EXHIBITS Exhibit-P1 THE SALE DEED EXECUTED IN FAVOUR OF THE PETITIONER DATED 08/04/2024 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P1.
Exhibit-P2 THE SALE DEED EXECUTED BY POOVAMMA IN FAVOUR OF DR.K.A. KHADER DATED 12/06/2009 IN KANNADA LANGUAGE AND IT'S ENGLISH TRANSLATION IS PRODUCED HEREWTIH AND MARKED AS EXHIBIT-P2.
Exhibit-P3 A TRUE COPY OF THE ORDER AS PER FORM.NO.5 DATED 21.04.2025, ISSUED BY THE 1ST RESPONDENT ALONG WITH THE WRITTEN ORDER, IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P3.
Exhibit-P4 AADHAR CARD OF THE PETITIONER IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P4.
Exhibit-P5 THE PHOTOGRAPHS OF THE PROPERTY IS PRODUCED HEREWITH AND MARKED AS EXHIBIT- P5.