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Kerala High Court
Mohammed Farook vs Revenue Divisional Officer,Fortkochi on 15 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO.29774 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. 29774 OF 2025
PETITIONER/S:
MOHAMMED FAROOK
AGED 42 YEARS
S/O MUHAMMED , KARUMAKKADU HOUSE, PERINGALA P.O,
PADATHIKKARA, ERNAKULAM, PIN - 683565
BY ADV SMT.NAZRIYA NOUSHAD
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER,FORTKOCHI
OFFICE OF THE REVENUE DIVISIONAL OFFICER,X69V+2HV
FIRST FLOOR ,KB JACOB ROAD,FORT
KOCHI,ERNAKULAM,KERALA, PIN - 682001
2 DEPUTY COLLECTOR,LAND AQUICITION
OFFICE OF THE DEPUTY COLLECTOR,KOCHI METRO RAIL
PROJECT,COLLECTORATE,CIVIL STATION,KAKKANAD
P.O,ERNAKULAM, PIN - 682030
3 TAHSILDAR
KANAYANNUR TALUK OFFICE, KANAYANNUR,OP.SUBASH
BOSE PARK,ERNAKULAM, PIN - 682015
4 VILLAGE OFFICER
EDAPALLY VILLAGE OFFICE,2837+QM7, VILLAGE OFFICE
RD, VENNALA, KOCHI, ERNAKULAM, KERALA,
PIN - 682028
5 THE AGRICULTURAL OFFICER
OFFICE OF THE AGRICULTURAL OFFICER,KANAYANNUR
WP(C) NO.29774 OF 2025
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TALUK OFFICE, KANAYANNUR,OP.SUBASH BOSE
PARK,ERNAKULAM, PIN - 682015
BY ADV.
GP SMT DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) No. 29774 of 2025
-------------------------------
Dated this the 15th day of December, 2025
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
"A. issue a writ of mandamus or any other
appropriate writ, order, or direction, directing the
2nd respondent to consider the Ext.P4 application
submitted by the petitioner.
B. issue a writ of mandamus or any other
appropriate writ, order, or direction directing the
2nd respondent to permit the petitioner to
construct a commercial building in the petition
scheduled property, which is only 1 Ares 88 Sq.
Meter of property no legal obstacles for the
building construction.
C. Issue such other writ, order, or direction
which may deem fit in the facts and
circumstances of the case;
D. Dispense with the translation of the
documents produced in the Vernacular
Language."
[SIC]
2. When this Writ Petition came up for consideration,
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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 5th 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 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 5th respondent, as
expeditiously as possible, at any rate, within a
period of one month from the date of receipt of
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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 5th
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.29774 OF 2025
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APPENDIX OF WP(C) NO. 29774 OF 2025
PETITIONER EXHIBITS
EXHIBIT P1 . A TRUE COPY DOCUMENT NO: 4322/1/2022
DATED 23.12.2022 OF THE SUB REGISTRY
EDAPALLY, .
EXHIBIT P2 A TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 31.03.2023 .
EXHIBIT P3 A TRUE COPY OF THE LAND TAX RECEIPT
WITH THE THANDAPPER NO: 52549 MARKING
PETITIONER'S LAND AS 'NILAM' DATED
27.01.2023 .
EXHIBIT P4 . A TRUE COPY OF THE APPLICATION WITH
RECEIPT PREFERRED IN FORM 5 AS
ENVISAGED KERALA CONSERVATION OF PADDY
LAND AND WETLAND RULES, 2008 DATED
22.06.2023.
EXHIBIT P5 A TRUE PHOTO OF THE PETITION SCHEDULED
PROPERTY .
EXHIBIT P6 A TRUE PHOTO OF THE BASIC TAX REGISTER
(BTR) EXTRACT .
EXHIBIT P7 A TRUE COPY OF THE FINAL FORM-5
APPROVAL ORDER ISSUED BY THE REVENUE
DIVISIONAL OFFICER IN CONNECTION WITH
WP(C) NO. 21622/2025, RELATING TO LAND
SITUATED IN THE SAME SURVEY BLOCK AS
THAT OF THE PETITIONER, WHICH WAS
APPROVED ON 02-09-2025 AS ADDITIONAL
DOCUMENT P7
EXHIBIT P8 A TRUE COPY OF THE DATA BANK
NOTIFICATION EXTRACT OF EDAPPALLY SOUTH
VILLAGE, SHOWING THAT SURVEY NO.104/10A
IS UNNOTIFIED, WITH THE RELEVANT ENTRY
REMAINING BLANK, WHICH IS PRODUCED
HEREWITH AS ADDITIONAL DOCUMENT P8
