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2025 Supreme(Ker) 2968

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN
Vinumon C. S/o Chenthamarakshan – Appellant
Versus
District Collector, Palakkad – Respondent


Advocates Appeared:
For the Appellant : V.A. Johnson
For the Respondent: S. Renjith

Table of Content
1. critical view on the standardization of form-5 orders. (Para 2 , 3)
2. flaws in the handling of form-5 applications by authorized officers. (Para 6 , 7 , 10)
3. framework of the kerala conservation of paddy land and wetland act. (Para 8)
4. legal standards for evaluating land status under act 2008. (Para 11 , 12 , 24)
5. directions to re-evaluate form-5 applications with detailed speaking orders. (Para 20 , 25)

JUDGMENT :

1. Nowadays, the routine duty of this Court is to set aside stereotypical orders passed by authorised officers in Form 5 applications filed by land owners in accordance with the Kerala Conservation of Paddy Land and Wetland Rules, 2008. (‘Rules 2008’ for brevity) When Form-5 applications are filed before the authorised officers, 90% of them are disposed of with the same set of sentences without application of mind by the authorised officers. This Court, in several judgments, directed the authorised officers to pass a speaking order after adverting to the contentions of the respective parties. But, even if there are several such directions from this Court, the orders are passed without considering those judgments. Similar types of orders are passed by

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