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Alattil Safa vs State Of Kerala
2025 Latest Caselaw 12043 Ker

Citation : 2025 Latest Caselaw 12043 Ker
Judgement Date : 6 December, 2025

[Cites 0, Cited by 0]

Kerala High Court

Alattil Safa vs State Of Kerala on 6 December, 2025

Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C.) No.45809 of 2025                1


                                                      2025:KER:94801

               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. 45809 OF 2025

PETITIONERS:

      1      ALATTIL SAFA
             AGED 36 YEARS
             ROSEMAHAL KUYYADIYIL, VATTOLI PO, KAKKATTIL DESOM,
             KUNNUMMAL VILLAGE, VADAKARA TALUK, KOZHIKODE
             DISTRICT, PIN - 673507

      2      FADIYA K
             AGED 38 YEARS
             ROSEMAHAL KUYYADIYIL, VATTOLI PO, KAKKATTIL DESOM,
             KUNNUMMAL VILLAGE, VADAKARA TALUK, KOZHIKODE
             DISTRICT, PIN - 673507


             BY ADVS.
             SHRI.JAVAD MOIDU
             SHRI.HASHARURAHIMAN U.
             SHRI.SATHWIK S.J.
             SHRI.SHEHSAD A.S.
             SHRI.GODWIN F. LAL



RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             DEPARTMENT OF AGRICULTURE, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001

      2      DISTRICT COLLECTOR
             COLLECTORATE, CIVIL STATION, UP HILL,
             MALAPPURAM, PIN - 676505

      3      REVENUE DIVISIONAL OFFICER
             TIRURTHRIKANDIYOOR ROAD, TIRUR,
             MALAPPURAM, PIN - 676101
 W.P.(C.) No.45809 of 2025                2


                                                            2025:KER:94801


      4      AGRICULTURAL OFFICER
             KRISHI BHAVAN, VAZHAYUR, KONDOTTY,
             MALAPPURAM, PIN - 673633

      5      VILLAGE OFFICER
             VAZHAYUR VILLAGE OFFICE, KAKKOVE TOWN,
             VAZHAYUR POST, MALAPPURAM, PIN - 673634


             BY ADV.SMT. VIDYA KURIAKOSE, SR.GOVERNMENT PLEADER


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   06.12.2025,      THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C.) No.45809 of 2025                    3


                                                                       2025:KER:94801

                        P.V.KUNHIKRISHNAN, J.
                ---------------------------------------------
                       W.P.(C) No.45809 of 2025
               ----------------------------------------------
               Dated this the 06th day of December, 2025.


                                   JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) To issue a Writ of mandamus or any other appropriate writ or order or direction to call for all records in pursuant to the Ext-P1- Ext P4 records if just, proper and necessary in the facts and circumstances of the case

ii) To issue a Writ of mandamus or any other appropriate writ or order or direction directing the 3rd respondent to consider and pass orders on Exhibit-P4 form 6 application submitted by the petitioners and rectify the nature of the land in the revenue records.

iii) The petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.

iv) Grant such other further reliefs which this Hon'ble Court may be pleased to direct in the facts and circumstances of the case"

[SIC]

2. The main prayer in this Writ Petition is to consider Ext.P4

Form - 6 application filed by the petitioners under Section 27A

read with Rule 12(1) of the Kerala Conservation of Paddy Land

2025:KER:94801

and Wetland Act and Rules, 2008 ('Act and Rules' in short).

3. Heard the learned counsel for the petitioners and the

learned Government Pleader.

4. After hearing both sides, I think there can be a direction

to consider Ext.P4 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.P4 application

to the 3rd respondent/Authorised Officer 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 the Ext.P4 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 two

months from the date of receipt of the report. I

make it clear that the 3rd respondent is free to

pass appropriate orders in accordance with the

law.

2025:KER:94801

3. The petitioners 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 10.12.2025

2025:KER:94801

APPENDIX OF WP(C) NO. 45809 OF 2025

PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT BEARING NO.

KL100712311409/2025 OF THE PROPERTY DATED 03.09.2025 EXHIBIT P2 A TRUE COPY OF THE SALE DEED NO.5653/1/2015 REGISTERED UNDER KONDOTTY SRO DATED 10.12.2015 EXHIBIT P3 A TRUE COPY OF THE POSSESSION CERTIFICATE BEARING NO. 90262608 OF THE PROPERTY DATED 21.12.2024 EXHIBIT P4 A TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 23.12.2024

TRUE COPY P.A. TO JUDGE

 
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