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2026 Supreme(Online)(Ker) 13067

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ABDUL RAHEEM – Appellant
Versus
DEPUTY COLLECTOR (D.M) – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.J.OM PRAKASH, SRI.C.X.ANTONY BENEDICT, SHRI.MAJEED V.P., SHRI.EMMANUAL SANJU
For the Respondents: BIYAD

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" i. Issue writ of certiorari calling for the records Ext.P4 and quash the same."

[SIC]

2. Petitioners filed two Form - 5 applications to delete his property from the data bank. The same is rejected as per Ext.P5 and P4 respectively. The petitioners are aggrieved by the order passed by the 1st respondent rejecting the Form–5 application submitted by them 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 petitioners.

3. Heard the learned counsel for the petitioners 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 authorized 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 f

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