Pulickal Medical Foundation vs State Of Kerala

Kerala High Court

Pulickal Medical Foundation vs State Of Kerala on 7 August, 2025

Author: C.S.Dias

Bench: C.S.Dias

WP(C) NO. 26684 OF 2025         1

                                                       2025:KER:59064

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

    THURSDAY, THE 7TH DAY OF AUGUST 2025 / 16TH SRAVANA, 1947

                       WP(C) NO. 26684 OF 2025

PETITIONER:

          PULICKAL MEDICAL FOUNDATION
          AGED 63 YEARS
          (OWNERS OF MEDICAL TRUST HOSPITAL), REPRESENTED BY ITS
          MANAGING DIRECTOR, P.V LOUIS, REGISTERED OFFICE -
          61/3992 M.G. ROAD, ERNAKULAM, PIN - 682016


          BY ADVS. SHRI.BABY THOMAS
          SRI.INDRAJITH S KAIMAL
          SMT.ALICIA JOSE
          SHRI.ALBERTHOVE FRANCIS.M.G.
          SMT.EHLAS HALEEMA C.K.




RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR
          CIVIL STATION, KAKKANAD, ERNAKULAM, KERALA,
          PIN - 682030

    3     THE REVENUE DIVISIONAL OFFICER
          OFFICE OF THE REVENUE DIVISIONAL OFFICE,
          FORT KOCHI, ERNAKULAM, PIN - 682001

    4     THE DEPUTY COLLECTOR (R.R)/RDO
          COLLECTORATE, CIVIL STATION, KAKKANAD,
          ERNAKULAM, KERALA, PIN - 682030
 WP(C) NO. 26684 OF 2025        2

                                                    2025:KER:59064

    5     THE VILLAGE OFFICER
          VILLAGE OFFICE, THIRUVANKULAM,
          THRIPPUNITHURA, ERNAKULAM, PIN - 682305

    6     THE AGRICULTURAL OFFICER
          KRISHI BHAVAN, THIRUVANKULAM, THRIPPUNITHURA,
          ERNAKULAM, PIN - 682305


          BY SMT.DEEPA V, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26684 OF 2025      3

                                                  2025:KER:59064

                          JUDGMENT

Dated this the 07th day of August, 2025 The petitioner company is the owner in possession of 6.2 hectares of land, comprised in various survey numbers in Thirvankulam Village, Kanayannur Taluk, covered under Exts.P1(a) to P1(c) land tax receipts. The property is a converted land. It is not suitable for paddy cultivation.

However, the respondents have erroneously classified the property as 'paddy land' and included the property in the data bank. To exclude the property from the data bank, the petitioner has submitted Exts.P4(a) to P4(c) applications before the 4th respondent on 25.06.2024, in Form 5 under Rule 4(4d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short). But, the same are not considered till date. Hence, the writ petition.

2. Heard; the learned counsel for the petitioner and the learned Government Pleader.

3. On a consideration of the facts and the materials on record, especially that Exts.P4(a) to P4(c) WP(C) NO. 26684 OF 2025 4 2025:KER:59064 applications are pending consideration before the 4th respondent since 25.06.2024, and the same being statutory in nature, without expressing anything on the merits of the applications, I allow the writ petition by ordering as follows:

(i) The 6th respondent is directed to submit his report as provided under Rule 4(4e) of the Rules to the authorised officer within two months from the date of production of a copy of this judgment.

(ii) On receipt of the above report, the 4th respondent (authorized officer), after verifying the contents in the data bank by conducting inspection directly or with the help of satellite pictures prepared by the Central/State Institute of Science and Technology as envisaged under Rule 4(4f), shall consider and dispose Exts.P4(a) to P4(c) applications, in accordance with law and as expeditiously as possible, at any rate, within two months from the date of receipt of the above report.

The writ petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE NAB WP(C) NO. 26684 OF 2025 5 2025:KER:59064 APPENDIX OF WP(C) 26684/2025 PETITIONER EXHIBITS Exhibit P1 a A TRUE COPY OF THE TAX RECEIPT DATED 23.06.2022 BEARING T.P NO. 705/TP6. Exhibit P1 b A TRUE COPY OF THE TAX RECEIPT DATED 07.06.2022 BEARING T.P NO. 8118. Exhibit P1 c A TRUE COPY OF THE TAX RECEIPT DATED 07.06.2022 BEARING T.P NO. 8117. Exhibit P2 a A TRUE COPY OF THE REPORT OBTAINED FROM THE KSREC DATED 01.12.2021 BEARING NO. A- 172/2015/KSREC/006381 (8)/21. Exhibit P2 b A TRUE COPY OF THE REPORT OBTAINED FROM THE KSREC DATED 01.12.2021 BEARING NO. A- 172/2015/KSREC/006381 (3)/21. Exhibit P2 c A TRUE COPY OF THE REPORT OBTAINED FROM THE KSREC DATED 01.12.2021 BEARING NO. A- 172/2015/KSREC/006381 (7)/21 Exhibit P2 d A TRUE COPY OF THE REPORT OBTAINED FROM THE KSREC DATED 01.12.2021 BEARING NO. A- 172/2015/KSREC/006381 (2)/21. Exhibit P2 e A TRUE COPY OF THE REPORT OBTAINED FROM THE KSREC DATED 01.12.2021 BEARING NO. A- 172/2015/KSREC/006381 (5)/21. Exhibit P2 f A TRUE COPY OF THE REPORT OBTAINED FROM THE KSREC DATED 01.12.2021 BEARING NO. A- 172/2015/KSREC/006381 (4)/21. Exhibit P2 g A TRUE COPY OF THE REPORT OBTAINED FROM THE KSREC DATED 29.04.2024 BEARING NO. A- 172/2015/KSREC/004386/24.

Exhibit P3 A TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK ISSUED BY THE 6TH RESPONDENT.

Exhibit P4 a A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BEFORE THE 4TH RESPONDENT BEARING APPLICATION NO. 2/2024/2073498 DATED 25.06.2024.

Exhibit P4 b A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BEFORE THE 4TH RESPONDENT BEARING APPLICATION NO. 11/2024/2073498 DATED 25.06.2024.

2025:KER:59064 Exhibit P4 c A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BEFORE THE 4TH RESPONDENT BEARING APPLICATION NO. 10/2024/2073498 DATED 25.06.2024.