Citation : 2025 Latest Caselaw 12043 Ker
Judgement Date : 6 December, 2025
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
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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:
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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
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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.
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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 08.12.2025Final Judgment uploaded 10.12.2025
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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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