Citation : 2025 Latest Caselaw 12301 Ker
Judgement Date : 15 December, 2025
WP(C) NO.46805 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. 46805 OF 2025
PETITIONER/S:
SHAKIRA MOHAMMED MANSOOR
AGED 28 YEARS
W/O MOHAMMED MANSOOR, 'MANGATT', PURAYAR KARA,
CHENGAMANADU VILLAGE, ALUVA TALUK, PIN - 683102
BY ADVS.
SRI.K.S.ARUNDAS
SMT.MANJUSHA.M.S.
SMT.AMBILY JOSHY
SMT.ANAMIKA
SMT.SALINI K.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
GOVT. SECRETERIATE, THIRUVANANTHAPURAM, PIN -
695001
2 REVENUE DIVISIONAL OFFICER
OFFICE OF REVENUE DIVISIONAL OFFICER, KB JACOB
ROAD, FORT KOCHI, ERNAKULAM, PIN - 682001
3 AGRICULTURAL OFFICER
OFFICE OF THE AGRICULTURAL OFFICER, KRISHIBHAVAN,
KAKKANAD,288V+RMC, ECHAMUKU, KUNNUMPURAM,
PADAMUGHAL, KAKKANAD, KERALA, PIN - 682030
4 VILLAGE OFFICER
WP(C) NO.46805 OF 2025
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THRIKKAKARA NORTH VILLAGE, 28M7+R7F, KOONAMTHAI,
PADIVATTOM, ERNAKULAM, KERALA, PIN - 682024
BY ADV.
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.46805 OF 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) No. 46805 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 commanding the 2nd Respondent to consider and pass orders on Exhibit P3 application within a time frame as may be fixed by this Hon'ble Court, after conducting due site inspection and affording an opportunity of hearing to the Petitioner.
ii. Declare that the property of the Petitioner, having a property admeasuring 1.62 Ares comprised in old survey number 742/1, 743/2 and Re- survey number 425/8 - 4 of Chowwara Village, Aluva Taluk, Ernakulam District, is not Nilam ( wetland) and is fit for residential use.
iii. May be pleased to dispense with the Translation of documents produced in vernacular language.
iv. Grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interests of justice."
[SIC] WP(C) NO.46805 OF 2025
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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.
P3 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.P3 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. P3 application
to the 2nd 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 2nd respondent/Authorised Officer is directed
to consider Ext. P3 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 WP(C) NO.46805 OF 2025
2025:KER:96352
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 2nd 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.46805 OF 2025
2025:KER:96352
APPENDIX OF WP(C) NO. 46805 OF 2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.255/2024 OF SREEMOOLANAGARAM SUB REGISTRAR OFFICE, ALUVA DATED 14.02.2024, EXECUTED BY MISS SIBY SEBASTIAN AND MISS RINCY JOSE IN FAVOUR OF THE PETITIONER EXHIBIT P2 A TRUE COPY OF THE LAND TAX RECEIPT NO:
KL07040304527/2025 DATED 28.07.2025 DULY ISSUED BY THE VILLAGE OFFICER, CHOWWARA EXHIBIT P3 A TRUE COPY OF THE STATUTORY APPLICATION IN FORM NO. 5 BEFORE THE 2ND RESPONDENT UNDER RULE 5(4) OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008, ON 13.03.2025, SEEKING CORRECTION OF THE DATA BANK AND REMOVAL OF HIS PROPERTY
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