Citation : 2025 Latest Caselaw 12041 Ker
Judgement Date : 6 December, 2025
W.P.(.) No.45734 of 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
SATURDAY, THE 6TH DAY OF DECEMBER 2025 / 15TH AGRAHAYANA, 1947
WP(C) NO. 45734 OF 2025
PETITIONER:
1 SHOBHANA KUMARI S K
AGED 43 YEARS
W/O. SURESH ABU N K, 43/1185, SREEPAADAM, A G ROAD
FORTH RAILWAY GATE, KOZHIKODE, PIN - 673032
BY ADVS.
SHRI.MUHASIN K.M.
SMT.FARHANA K.H.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE, PIN - 673020
2 THE REVENUE DIVISIONAL OFFICER
KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION,
WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN - 673020
3 THE DEPUTY COLLECTOR (RR)
CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE, PIN - 673020
4 THE TAHSILDAR
KOZHIKODE TALUK OFFICE, CIVIL STATION, WAYANAD ROAD,
ERANHIPPALAM, KOZHIKODE, PIN - 673020
5 THE AGRICULTURAL OFFICER
PERUVAYAL KRISHI BHAVAN, POOVATTUPARAMBA, PERUVAYAL,
KOZHIKODE, PIN - 673024
6 THE VILLAGE OFFICER
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KUTTIKKATTOOR VILLAGE OFFICE, KUTTIKKATTOOR,
KOZHIKODE, PIN - 673008
7 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
SMT. DEEPA V., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.45734 of 2025
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Dated this the 06th day of December, 2025.
JUDGMENT
This writ petition is filed seeking the following reliefs:
"i) Issue a writ of mandamus or any other writ, order or direction to 2nd respondent or the officer authorized under section 2(XVA) of the Act to consider and pass order on Ext.P3 application within a time frame fixed by this Hon'ble Court.
ii) Issue a writ of mandamus or other writ, order or direction to the 5th respondent to submit a report to the 2nd respondent or the officer authorized under section 2(XVA) of the Act within a time frame fixed by the Hon'ble Court.
iii) Issue a writ of mandamus directing the 7th respondent to file a report before the 2nd respondent or the officer authorized under section 2(XVA) of the Act and 5th respondent with regard to nature and lie of the petitioner's property in 2008.
iv) To dispense with the production of the translation of vernacular documents.
v) Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case."
[SIC]
2. When this Writ Petition came up for consideration, the
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learned counsel appearing for the petitioner submitted that the
petitioner will be satisfied if a direction is issued to consider Ext. P3
Form - 5 application within a time frame.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader.
4. After hearing both sides, I think there can be a
direction to consider Ext.P3 application within a time frame.
Therefore, this Writ Petition is disposed of in the following
manner:
1. The 5th respondent is directed to submit the
necessary report based on the Ext. P3 application
to the 3rd 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 3rd respondent/Authorised Officer is directed to
consider Ext. P3 application (if it is pending and if it
is in order) based on the report received from the
5th respondent, as expeditiously as possible, at any
rate, within a period of three months from the date
of receipt of the report.
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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 SKP Judgment reserved NA Date of Judgment 06.12.2025 Judgment dictated 06.12.2025 Draft Judgment placed 08.12.2025 Final Judgment uploaded 2025:KER:94799APPENDIX OF WP(C) NO. 45734 OF 2025
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 23.05.2024 EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF DATA BANK EXHIBIT P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 27.08.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 01.09.2025 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION
TRUE COPY P.A. TO JUDGE
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