Citation : 2025 Latest Caselaw 12000 Ker
Judgement Date : 5 December, 2025
2025:KER:94439
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 5TH DAY OF DECEMBER 2025 / 14TH AGRAHAYANA, 1947
WP(C) NO. 45829 OF 2025
PETITIONER/S:
ALAN JACOB JOSEPH
AGED 34 YEARS
S/O. K.C. JOSEPH,
REPRESENTED BY THE POA HOLDER K. C.
JOSEPH, S/O. CHACKO, RESIDING AT KIZHAKEARACKAL,
ITHITHANAM P.O., CHANGANACHERRY,
KURICHY, KOTTAYAM DISTRICT,
KERALA., PIN - 686535
BY ADVS.
SRI.K.SHAJ
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SHRI.AKASH JOSHI
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
SHRI.ALVIN JOSEPH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
2025:KER:94439
WP(C) NO.45829 OF 2025
2
REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICE,
COLLECTORATE, KOTTAYAM DISTRICT.,
PIN - 686001
3 LOCAL LEVEL MONITORING COMMITTEE
(CONSTITUTED UNDER THE KERALA CONSERVATION OF
PADDY LAND AND WETLAND ACT, 2008), REPRESENTED BY
THE CONVENER AND AGRICULTURAL OFFICER, KRISHI
BHAVAN, CHANGANACHERRY, VAZHAPALLY WEST P.O,
KOTTAYAM., PIN - 686103
4 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, CHANGANACHERRY,
VAZHAPALLY WEST P.O, KOTTAYAM., PIN - 686103
5 THE VILLAGE OFFICER
VAKATHANAM VILLAGE OFFICE, UNNAMATTOM
MANIKANDAPURAM RD, NJALIANKUZHI,
PONGAMTHANAM, VAKATHANAM,
KERALA., PIN - 686538
6 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE
REPRESENTED BY ITS DIRECTOR, 2ND FLOOR,
VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM., PIN - 695033
SR GP SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:94439
WP(C) NO.45829 OF 2025
3
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.45829 of 2025
-------------------------------
Dated this the 05th day of December, 2025
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
" A. To issue a writ in the nature of mandamus or any other appropriate writ, direction or order, directing the 2nd respondent to consider and dispose Exhibit.P8 application within a time-bound manner, in accordance the reports already on record within such period as directed by this Hon'ble Court."
[SIC]
2. When this Writ Petition came up for
consideration, the learned counsel appearing for the petitioner
submitted that the petitioner will be satisfied if a direction is
issued to consider Ext.P8 Form - 5 application within a time
frame.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader.
2025:KER:94439 WP(C) NO.45829 OF 2025
4. After hearing both sides, I think there can be a
direction to consider Ext.P8 application within a time frame.
Therefore, this Writ Petition is disposed of in the
following
manner:
1. The 4th respondent is directed to submit the
necessary report based on the Ext.P8
application to the 2nd respondent/Authorised
Officer, as expeditiously as possible, at any rate,
within a period of one month from the date of
receipt of a certified copy of this judgment.
2. The 2nd respondent/Authorised Officer is directed
to consider Ext.P8 application (if it is pending
and if it is in order) based on the report received
from the 4th respondent, as expeditiously as
possible, at any rate, within a period of four
months from the date of receipt of the report.
3. The petitioner will produce a certified copy of
this judgment, along with a copy of this Writ 2025:KER:94439 WP(C) NO.45829 OF 2025
Petition with exhibits, before the 2nd and 4th
respondents for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
Judgment reserved NA
Date of judgment 05.12.2025
Judgment dictated 05.12.2025 Draft Judgment Placed 06.12.2025 Final Judgment Uploaded 06.12.2025 2025:KER:94439 WP(C) NO.45829 OF 2025
APPENDIX OF WP(C) NO. 45829 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 20/04/2024 ISSUED BY THE VAKATHANAM VILLAGE OFFICER TO THE PETITIONER.
Exhibit P2 THE TRUE COPY OF THE DATA BANK WHICH INCLUDES THE PETITIONER'S PROPERTY. Exhibit P3 THE TRUE COPY OF THE RICE MILL LICENSE ISSUED TO THE PREVIOUS OWNER BY THE THEN DISTRICT COLLECTOR.
Exhibit P4 THE TRUE TYPED COPY OF EXHIBIT P3 . Exhibit P5 THE TRUE COPY OF THE JUDGEMENT DATED 27/04/2018 IN WP(C) NO.14486 OF 2018 OF THIS HON'BLE COURT .
Exhibit P6 THE TRUE COPY OF THE REPORT NO. 65/18 DATED 12/06/2018 OF THE 5TH RESPONDENT. Exhibit P7 THE TRUE COPY OF THE REPORT DATED 30/12/2023 SUBMITTED BY THE 6TH RESPONDENT.
Exhibit P8 THE TRUE COPY OF THE APPLICATION NO.
2/2025/1747089 DATED 04/11/2025 UNDER FORM 5 UNDER RULE 4(D) OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND RULES, 2008, SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
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