Citation : 2025 Latest Caselaw 12199 Ker
Judgement Date : 15 December, 2025
WP(C) NO.46817 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 15TH DAY OF DECEMBER 2025 / 24TH AGRAHAYANA, 1947
WP(C) NO. 46817 OF 2025
PETITIONER/S:
BOBY C
AGED 48 YEARS
S/O. VIJAYAN,CHATHAYIL HOUSE,ANAKKKARA P.O.,
PALAKKAD, PIN - 679551
BY ADVS.
SRI.SAIJO HASSAN
SHRI.BAPPU GALIB SALAM
SHRI.ABRAHAM J. KANIYAMPADY
SHRI.ABHIJITH PILLAI S.
SHRI.SANGEETH MOHAN
SMT.V.P.REJITHA
RESPONDENT/S:
1 DEPUTY COLLECTOR (RR)
COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM,
PIN - 682030
2 LOCAL LEVEL MONITORING COMMITTEE, BEING REP. BY
ITS CONVENOR. AGRICULTURAL OFFICER
CIVIL STATION ROAD, SEAPORT - AIRPORT RD, WEST
SIDE, KUNNUMPURAM, THRIKKAKARA, KAKKANAD, KERALA,
PIN - 682030
3 AGRICULTURAL OFFICER
KRISHIBHAVANTHRIKKAKARA, KUNNUMPURAM - CIVIL
STATION ROAD, SEAPORT - AIRPORT RD, WEST SIDE,
KUNNUMPURAM, THRIKKAKARA, KAKKANAD, KERALA,
WP(C) NO.46817 OF 2025
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PIN - 682030
SR GP, SMT. VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.46817 OF 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) No. 46817 of 2025
-------------------------------
Dated this the 15th day of December, 2025
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"i. Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the 1st Respondent Deputy Collector (RR), Ernakulam, to take up, consider and pass orders on Ext. P4 application in Form 5 dated 24.05.2025 at the earliest opportunity and within a time-bound manner, that may be fixed by this Hon'ble Court.
ii. Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the 1st Respondent Deputy Collector (RR), Ernakulam, to provide an opportunity for hearing before passing orders on Ext. P4 application in Form 5 and issue notice in the event of conducting a site inspection.
iii. Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the 3 rd respondent Agricultural Officer, KrishiBhavan, Vytilla, to issue any appropriate report necessary showing the exact nature of the property of the Petitioner covered by Ext. P4 application in Form 5 as expeditiously as possible, and within a time- bound manner, that may be fixed by this Hon'ble Court.
WP(C) NO.46817 OF 2025
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iv. Issue such other and further writs, orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.
v. Dispense with the filing of the translation of vernacular documents. And vi. To issue such other reliefs as this Honorable Court may deem fit and proper in the circumstances of this case."
[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.
P4 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.P4 application within a time frame.
Therefore, this Writ Petition is disposed of in the following
manner:
1. The 3rd respondent is directed to submit the
necessary report based on the Ext. P4 application
to the 1st respondent/Authorised Officer, as
expeditiously as possible, at any rate, within a WP(C) NO.46817 OF 2025
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period of one month from the date of receipt of a
certified copy of this judgment.
2. The 1st respondent/Authorised Officer is directed
to consider Ext. P4 application (if it is pending and
if it is in order) based on the report received from
the 3rd respondent, as expeditiously as possible,
at any rate, within a period of three 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 Petition
with exhibits, before the 1st and 3rd respondents
for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Judgment reserved NA
Date of judgment 15.12.2025
Judgment dictated 15.12.2025
Draft Judgment Placed 15.12.2025
Final Judgment Uploaded 16.12.2025 WP(C) NO.46817 OF 2025
2025:KER:96353
APPENDIX OF WP(C) NO. 46817 OF 2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF SALE DEED NO. 1281/10 DATED 29.04.2010 OF SRO EDAPPALLY EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 05.05.2025 EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK EXHIBIT P4 TRUE COPY OF THE APPLICATION IN FORM 5 NO. 1/2025/2552732 DATED 24.05.2025
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