[Cites 1, Cited by 0]
Kerala High Court
Jose Mathew vs The Authorized Officer on 3 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:93344
WP(C) NO. 25464 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY,THE 3RD DAY OF DECEMBER 2025/12TH AGRAHAYANA,
1947
WP(C) NO. 25464 OF 2025
PETITIONER/S:
JOSE MATHEW
AGED 72 YEARS
S/O LATE K.P. MATHEW KILUTHATTIL HOUSE,
QUARTERS ROAD, ALUVA, PIN - 683101
BY ADVS.
SRI.SHEJI P.ABRAHAM
SHRI.ABRAHAM JOSEPH
RESPONDENT/S:
1 THE AUTHORIZED OFFICER,
DEPUTY COLLECTOR (RR) PADDY LAND AND WET LAND ACT
COLLECTORATE, CIVIL STATION KAKKANAD, ERNAKULAM,
PIN - 682030
2 REVENUE DIVISIONAL OFFICER
1ST FLOOR, KB JACOB ROIAD, FORT KOCHI KOCHI,
KERALA, PIN - 682001
3 TAHASILDAR
KANAYANOOR TALUK, PARK AVENUE , ERNAKULAM KOCHI,
PIN - 682011
4 VILLAGE OFFICER
THRIKKAKKARA NORTH VILLAGE EDAPPALLY, ERNAKULAM,
PIN - 682024
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WP(C) NO. 25464 OF 2025
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OTHER PRESENT:
GP SMT DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 25464 OF 2025
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P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(C.).No.25464 of 2025
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Dated this the 03rd day of December, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of certiorari to quash Exhibit P6 and
directing the respondent to reconsider exhibit P4
application submitted in Form 7.
ii. Issue a writ of mandamus directing the 1st
respondent, the authorized Officer to consider and
pass orders on exhibit P4 in Form 7 application dtd
15.10.2024 filed under Section 27 (a) of the Kerala
Conservation of Paddy land and Wet land Act 2008
forthwith
iii. Issue a writ of mandamus directing the 3rd
respondent, Tahasildar to reassess the property
under Section 6 (a) of the Kerala Land Tax Act
consequent to the orders passed by the 1st
respondent on exhibit P4 application and correct
entries in BTR showing the nature of property as
garden land/Purayidom .
iv. Declare that the property of the petitioner in survey
No. 789/14 in Block No.005 in Tandaper No. 16618
covered in exhibit P1 is not included in exhibit P2
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WP(C) NO. 25464 OF 2025
data bank and P5 form is not necessary .
v. Grant such other relief as this Hon"ble court may
deem fit and proper in the facts and circumstances
of the case including dispensing the translation of
vernacular documents/ Exhibits.
(SIC)
2. Petitioner is aggrieved because a Form-7 application
filed in accordance with the provisions of under the Kerala
Conservation of Paddy Land and Wetland Rules, 2008 is
rejected, allowing the petitioner to file a Form-5 application.
The counsel for the petitioner submitted that the property of the
petitioner is not included in the data bank. Therefore this Court
directed the Government Pleader to get instructions. Now a
statement is filed by the 1st respondent. It will be better to
extract the relevant portion of the statement:
"1. It is submitted that the petitioner had
submitted Form 7 Application online mode on
15.10.2024 for the conversion of 24.50 Ares of land
in Block 005; Re-Sy.No.789/14 of Thrikkakkara North
Village of Kanayannur Taluk.
2. It is submitted that the Village Officer
has reported that the Re-Sy.No.789/14 originated
from sub division 8 of Re-Sy.No.789. An extent of
62.80 Ares in sub division 8 of Rs-Sy.No.789 is
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WP(C) NO. 25464 OF 2025
included in the Data Bank. Proceedings in Form 7
can only be continued after the removal of its entries
from the Data Bank.
3. It is submitted that the Form 7
Application was returned to the petitioner on
29.05.2025 with the direction to 'submit Form 5
Application. On verifying the file concerned it is seen
that the petitioner has deleted Form 7 Application on
16.06.2025. It is submitted that Exhibit P4, Form 7
Application has only been returned to the petitioner
for further action and hence the Form 7 Application
is not pending with this respondent.
3. In the light of the same, the petitioner has to do the
needful in accordance with law.
Granting liberty to the petitioner to do the needful in
accordance with law, this writ petition is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
JV
Judgment reserved NA
Date of Judgment 03.12.2025
Judgment dictated 03.12.2025
Draft Judgment placed 03.12.2025
Final Judgment 04.12.2025
uploaded
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WP(C) NO. 25464 OF 2025
APPENDIX OF WP(C) NO. 25464 OF 2025
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE BASIC TAX RECEIPT DTD
14.05.2025 REMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT FOR THE
PROPERTY
Exhibit P2 COPY OF THE DATA BANK NOTIFICATION DTD
5.2.2021 COVERING THE LANDS IN THE
PETITIONER'S AREA
Exhibit P3 COPY OF THE NOTIFICATION DTD 22.6.2021
Exhibit P4 COPY OF FORM 7 APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
DTD 15.10.2024
Exhibit P5 COPY OF JUDGMENT DTD 27.3.2025 IN W.P.
Exhibit P6 COPY OF COMMUNICATION PUBLISHED IN THE
WEB SITE OF THE AUTHORITY
