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Kerala High Court
Mary Joseph vs State Of Kerala on 15 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO.46790 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. 46790 OF 2025
PETITIONER/S:
MARY JOSEPH
AGED 50 YEARS
W/O JOSHY KURIAN, KANNATHUKUZHIYIL HOUSE,
KATTAMATTAM, CHEMBUMUKKU, KAKKANAD WEST P.O.,
ERNAKULAM DISTRICT, PIN - 682030
BY ADVS.
SHRI.MANOJ RAMASWAMY
SMT.JOLIMA GEORGE
SMT.C.B.SABEELA
SMT.APARNA G.
SMT.SHYLAKUMARI C.C.
SHRI.MUHAMMED HAROON THAMEEM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM,
PIN - 682030
3 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI, ERNAKULAM
DISTRICT, PIN - 682001
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4 THE TAHSILDAR
KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM,
PIN - 682011
5 THE VILLAGE OFFICER
VAZHAKKALA VILLAGE OFFICE, KAKKANAD, ERNAKULAM
DISTRICT, PIN - 682021
6 THE AGRICULTURAL OFFICER AND CONVENOR
LOCAL LEVEL MONITORING COMMITTEE, KRISHIBHAVAN,
THRIKKAKARA, KUNNUMPURAM, KAKKANAD, ERNAKULAM
DISTRICT, PIN - 682030
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. 46790 of 2025
-------------------------------
Dated this the 15th day of December, 2025
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"i. A writ of mandamus or any other
appropriate writ, order or direction directing the 3rd
respondent to consider and pass appropriate orders
on Exhibit P4 application submitted by the
petitioner, in accordance with the law, by either
conducting a personal inspection of the property
within a time frame as fixed by this Hon'ble Court
after affording an opportunity of hearing to the
petitioner.
ii. Declare that the petitioner's property
having an extent of 9.20 Ares of land comprised in
Re.Sy.No.8/15-2 in block No.9 of Vazhakkala Village,
Kanayannur Taluk, Ernakulam District is a garden
land/dry land and the petitioner can use the
property for any other purpose other than
agricultural purpose and is liable to be excluded
from the Data Bank.
iii. Dispense with the filing of the translation of
vernacular documents.
iv. Any other further relief or order as this
Hon'ble Court may deem fit and proper to meet the
ends of justice.
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v. Award the cost of these proceedings."
[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 6th respondent is directed to submit the
necessary report based on the Ext. P4 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. P4 application (if it is pending and
if it is in order) based on the report received from
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the 6th 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 3rd and 6th 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 16.10.2025
WP(C) NO.46790 OF 2025
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APPENDIX OF WP(C) NO. 46790 OF 2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PARTITION DEED VIDE NO.
3528/1/2011 DATED 30.12.2011
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT VIDE
NO.KL07021606503/2024 DATED 24.04.2024
ISSUED BY THE 5TH RESPONDENT
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE
DATA BANK VIDE NO.TP1-21872/16 DATED
03.02.2021
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED
04.01.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
