Kerala High Court
P. Praseethkumar vs The Deputy Collector (Rr) on 17 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 25264 OF 2025 1
2025:KER:52913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
WP(C) NO. 25264 OF 2025
PETITIONER:
P. PRASEETHKUMAR
AGED 40 YEARS
S/O. SAHADEVAN, RESIDING AT PUTHALATH HOUSE, PO.
MAYANAD, KOZHIKODE, PIN - 673008
BY ADVS. SHRI.V.V.SURENDRAN
SRI.P.A.HARISH
SMT.SHILPA K.
RESPONDENTS:
1 THE DEPUTY COLLECTOR (RR)
OFFICE OF THE DEPUTY COLLECTOR, COLLECTORATE
BUILDING, PO. CIVIL STATION, KOZHIKODE, PIN - 673020
2 THE VILLAGE OFFICER
CHELAVOOR VILLAGE, OFFICE OF THE VILLAGE OFFICER,
CHELAVOOR, PO. CHELAVOOR, KOZHIKODE, PIN - 673571
BY SMT.DEEPA V, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25264 OF 2025 2
2025:KER:52913
JUDGMENT
Dated this the 17th day of July, 2025 The petitioner and his relatives are the owners in possession of 3.9457 Ares of land comprised in Re-Survey No.70/23 in Chelavoor Village, Kozhikode Taluk, covered under Ext.P5 possession certificate. The property is an unnotified land. The petitioner desires to utilise the property for other purposes, other than agricultural activities. To change the classification of the property in the revenue records, the petitioner has submitted Ext.P6 application before the 1st respondent on 25.06.2025 in Form 6 under Section 27A read with Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008 ('Act and Rules' in short). But, the application has not been considered till date. Hence, the writ petition.
2. Heard; the learned counsel for the petitioner and the learned Government Pleader. WP(C) NO. 25264 OF 2025 3
2025:KER:52913
3. On a consideration of the facts and materials on record, especially that Ext.P6 application is pending consideration before 1st respondent since 25.06.2025, and the same is statutory in nature, without expressing anything on the merits of the application, I allow the writ petition by ordering as follows:
(i) The jurisdictional Village Officer is directed to submit his report as provided under Rule 12(4) of the Rules, to the authorised officer, within one month from the date of production of a copy of this judgment.
(ii) On receipt of the above report, the 1st respondent (authorised officer) shall consider and dispose of Ext.P6 application, 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. 25264 OF 2025 4 2025:KER:52913 APPENDIX OF WP(C) 25264/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE PARTITION DEED NO. 2351/1986 DATED 12.06.1986 EXECUTED BETWEEN SAHADEVAN AND HIS SIBLINGS OF CHEVAYUR SUB REGISTRY EXHIBIT P2 A TRUE COPY OF THE ORDER NO. 4002/2024 DATED 21.06.2024 PASSED BY THE REVENUE DIVISIONAL OFFICER REMOVING THE PROPERTY OF THE PETITIONER FROM THE DATA BANK EXHIBIT P3 A TRUE COPY OF THE APPLICATION UNDER FORM 6 OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008 DATED 12.09.2024 AND ITS TYPED COPY FILED BY SUBHASHINI, THE MOTHER OF THE PETITIONER EXHIBIT P4 A TRUE COPY OF THE LAND TAX RECEIPT DATED 23.06.2025 WITH RESPECT TO 3 ARES 94.57 SQUARE METERS OF LAND IN SURVEY NUMBER 70/23 OF CHELAVUR VILLAGE BEARING THANDAPER NUMBER 5410 EXHIBIT P5 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23.06.2025 ISSUED BY THE 2ND RESPONDENT CERTIFYING THAT THE PETITIONER AND HIS CO-OWNERS ARE IN POSSESSION OF 3 ARES 94.57 SQUARE METERS OF LAND IN SURVEY NO. 70/23 OF CHELAVUR VILLAGE EXHIBIT P6 A TRUE COPY OF THE FORM 6 APPLICATION DATED 25.06.2025 MADE BY THE MOTHER OF THE PETITIONER EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 02.07.2025 OF THIS HONOURABLE COURT IN W.P. (C) 18525/2025