Kerala High Court
K.P.Sunny vs The Deputy Collector (La) on 12 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 29305 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
WP(C) NO. 29305 OF 2025
PETITIONER/S:
1 K.P.SUNNY
AGED 61 YEARS
KOORAN HOUSE, PULIYAPPILLY, MOOKKANNUR, ALUVA, PIN -
683577
2 LOYI SUNNY
W/O.K.P.SUNNY, KOORAN HOUSE, PULIYAPPILLY, MOOKKANNUR,
ALUVA, PIN - 683577
BY ADVS.
SHRI.PHILIP J.VETTICKATTU
SMT.NEENU BERNATH
SHRI.SAJU S. DOMINIC
RESPONDENT/S:
1 THE DEPUTY COLLECTOR (LA)
OFFICE OF THE DEPUTY COLLECTOR, ERNAKULAM, CIVIL
STATION, KAKKANAD, PIN - 682030
2 THE SUB COLLECTOR
FORTKOCHI, OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FORTKOCHI, ERNAKULAM, PIN - 682001
*3 THE VILLAGE OFFICER
MOOKKANNUR VILLAGE, MOOKKANNUR P.O, ANGAMALY
*4 THE AGRICULTURAL OFFICER
MOOKKANNUR KRISHI BHAVAN, MOOKKANNUR P.O, ANGAMALY
ADDITIONAL RESPONDENTS 3 AND 4 IN IA NO.1/2025 ARE
IMPLEADED AS ADDITIONAL RESPONDENTS 3 AND 4 IN THE WRIT
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PETITION AS PER ORDER DATED 12.08.2025.
SR.GP SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.S.DIAS, J.
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WP(C) No. 29305 OF 2025
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Dated this the 12th day of August, 2025
JUDGMENT
The 1st petitioner is the owner in possession of 34.68
Ares of land comprised in Survey Nos.256/4, 256/9, 257/8 and
257/9 in Mookkannur Village, Aluva Taluk, covered under
Exts.P1 and P2 sale deeds. The respondents had erroneously
classified 14.16 Ares of land as paddy land and included it in
the data bank. By Ext.P7 order, the property was excluded
from the data bank. To change the nature of the property in
the revenue records, the 1st petitioner has submitted Ext.P9
application in Form 6 on 29.06.2024 before the 1st respondent
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).
2. Similarly, the petitioners are the co-owners in
possession of 73.20 Ares of land comprised in Survey
Nos.257/6-1, 257/6-2 and 257/7-2 in the very same Village and
Taluk, covered under Exts.P4 sale deed and P5 land tax
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receipt. The said property was also erroneously classified as
paddy land in the revenue records and the same was also
excluded by Ext.P7 order. To change the nature of the said
property, the petitioners had submitted Ext.P8 application
before the 1st respondent in Form 7 under the Act on
29.06.2024. But, the applications have not been considered till
date. Hence, the writ petition.
3. Heard; the learned counsel for the petitioners and
the learned Government Pleader.
4. On a consideration of the facts and materials on
record, especially that Exts.P8 Form 7 application and P9
Form 6 application are pending consideration before 1st
respondent since 29.06.2024 and the same are statutory in
nature, without expressing anything on the merits of the
applications, I allow the writ petition by ordering as follows:
(i) The additional respondents 3 and 4 are directed to
submit their reports as provided under Rule 12(4)
of the Rules, to the 1st respondent/authorised
officer, within two month from the date of
production of a copy of this judgment.
(ii) On receipt of the above reports, the 1st
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respondent/authorised officer shall consider and
dispose of Exts.P8 and P9 applications, in
accordance with law, and as expeditiously as
possible, at any rate, within two months from the
date of receipt of the above reports.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE
rkc/12.08.25
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APPENDIX OF WP(C) 29305/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE SALE
DEED BEARING NO.1772/2007, DATED 12-3-2007,
SRO ANGAMALY
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE SALE
DEED BEARING NO.889/2011, DATED 30-3-2011, OF
SRO ANGAMALY
Exhibit P3 TRUE COPY OF THE RECEIPT SHOWING REMITTANCE
OF LAND TAX FOR THE PERIOD 2023 - 2024,
ISSUED BY THE VILLAGE OFFICER, MOOKKANNOOR,
DATED 13-11- 2023
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE SALE
DEED BEARING NO.3640/2004 OF SRO, ANGAMALY,
DATED 31-7-2004
Exhibit P5 TRUE COPY OF THE RECEIPT SHOWING REMITTANCE
OF LAND TAX FOR THE PERIOD 2023 - 2024,
ISSUED BY THE VILLAGE OFFICER, MOOKKANNOOR,
DATED 13-11- 2023
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 19-12-2023
PASSED BY THIS HON'BLE COURT IN W.P.(C)
EXHIBIT P7 TRUE COPY OF THE COMMON ORDER OF THE
COMPETENT AUTHORITY DATED 13-5-2024 WITH
RESPECT TO THE PROPERTIES OF THE PETITIONERS
EXHIBIT P8 TRUE COPY OF THE FORM 7 APPLICATION DATED 29-
6-2024 SUBMITTED BY THE PETITIONERS JOINTLY
IN RESPECT OF THEIR JOINT PROPERTY BEFORE THE
RESPONDENT
EXHIBIT P9 TRUE COPY OF FORM 6 APPLICATION DATED 29-6-
2024 SUBMITTED BY THE 1 ST PETITIONER BEFORE
THE RESPONDENT WITH RESPECT TO HIS INDIVIDUAL
PROPERTY
