Kerala High Court
Ramesh Poimplasseril vs State Of Kerala on 15 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 36683 of 2025
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2025:KER:76947
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 15TH DAY OF OCTOBER 2025 / 23RD ASWINA, 1947
WP(C) NO. 36683 OF 2025
PETITIONER(S):
RAMESH POIMPLASSERIL
AGED 71 YEARS
S/O K.S PILLAI(LATE) C/O MADHAVAM, SHREYAS
LANE, CHERUPARAMBATH ROAD, KADAVANTHRA POST,
ERNAKULAM DISTRICT, PIN - 682020
BY ADVS.
SRI.AVANEESH KOYIKKARA
SMT.MANJUSHA K.U.
SHRI.ASHWIN SUNIL KUMAR
SHRI.FELIX JOHN
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY REPRESENTED BY
ITS SECRETARYREVENUE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR, ERNAKULAM
COLLECTORATE, CIVIL STATION, KAKKANAD POST,
ERNAKULAM DIST., PIN - 682030
3 DEPUTY COLLECTOR (RR) ERNAKULAM
COLLECTORATE, CIVIL STATION, KAKKAAND POST,
ERNAKULAM DIST., PIN - 682030
4 TAHSILDAR, KANAYANNUR
PARK AVENUE ROAD, OPP. SUBASH PARK, ERNAKULAM
HEAD POST, ERNAKULAM DIST., PIN - 682011
W.P.(C) No. 36683 of 2025
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5 VILLAGE OFFICER, ERANAKULAM
VILLAGE OFFICE ERNAKULAM PARK AVENUE ROAD,
OPP. SUBASH PARK, ERNAKULAM HEAD POST,
ERNAKULAM DIST., PIN - 682011
6 AGRICULTURAL OFFICER, VYTILLA
AGRICULTURE OFFICE, VYTILLA,1ST FLOOR, KOCHI
CORPORATION VYTILLA SHOPPING COMPLEX, VYTILLA
JUNCTION- WEST SIDE VYTILLA POST, ERNAKULAM
DISTRICT, PIN - 682019
BY ADV. GP, SMT. PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 36683 of 2025
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P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 36683 2025
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Dated this the 15th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following reliefs:
"i. To issue a writ of mandamus or any other appropriate writ, order, or direction, commanding the 3rd respondent to consider and pass appropriate orders in Exhibit P4, the Form 9 application change of nature of unnotified land, after strictly following the procedures prescribed in law, within a time frame of two months or such period as this Hon'ble Court may fix;
ii. Pass any other orders or directions that this Hon'ble Court may deem fit and proper in the interest of Justice;
iii. Dispense with the translation of the documents produced in the vernacular language; And iv. Award cost."[SIC]
2. The main prayer in this Writ Petition is to consider Ext.P5 Form - 9 application submitted by the petitioner under the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short).
W.P.(C) No. 36683 of 2025 42025:KER:76947
3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.
4. After hearing both sides, I think there can be a direction to consider Ext.P5 Form - 9 application within a time frame.
Therefore, this Writ Petition is disposed of in the following manner:
1. The 5th respondent is directed to submit necessary report to the 3rd respondent/authorised officer based on Ext.P5 application within a period of one month from the date of receipt of a certified copy of this judgment.
2. The 3rd respondent/authorised officer is directed to consider Ext.P5 application based on the report received from the 5th respondent, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of the report. I make it clear that the 3 rd respondent/authorised officer is free to W.P.(C) No. 36683 of 2025 5 2025:KER:76947 pass appropriate orders in accordance with the law, if the application is in order.
3. The petitioner will produce a certified copy of this judgment along with a copy of this Writ Petition with exhibits before the 3rd and 5th respondents for compliance.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
DM
Judgment reserved NA
Date of Judgment 15.10.2025
Judgment dictated 15.10.2025
Draft Judgment placed 16.10.2025
Final Judgment uploaded 17.10.2025 W.P.(C) No. 36683 of 2025 6 2025:KER:76947 APPENDIX OF WP(C) 36683/2025 PETITIONER EXHIBITS EXHIBIT P1 A COPY OF THE LAND TAX RECEIPT DATED 30.06.2024 ISSUED BY THE ERNAKULAM VILLAGE OFFICER EXHIBIT P2 A COPY OF THE RELEVANT PAGE OF THE DATA BANK PUBLISHED ON 25.02.2021 EXHIBIT P3 A COPY OF THE DOCUMENT DATED 5.07.1940 EXHIBIT P4 THE TRUE COPY OF THE ORDER NO.866/2023 DATED 12.12.2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P5 A COPY OF THE FORM 9 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 12.04.2025