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Kerala High Court
Ibrahim T U vs State Of Kerala on 26 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:98850
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 26TH DAY OF DECEMBER 2025 / 5TH POUSHA, 1947
WP(C) NO. 48448 OF 2025
PETITIONERS:
1 IBRAHIM T U
AGED 51 YEARS
THOTTUNGAL UMAYIL HOUSE,
CHERUKUDANGAD P O, KARUVANPADI, PARUDUR,
PALAKKAD, PIN - 679305
2 JAFFER T U
AGED 46 YEARS
THOTTUNGAL UMAYIL HOUSE,
CHERUKUDANGAD P O, KARUVANPADI, PARUDUR,
PALAKKAD, PIN - 679305
BY ADVS.
SRI.AMEER SALIM
SMT.NESILI NAZEER
SRI.RITHIN GOPI T.G.
SRI.SADIQ NAZAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR,
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WP(C) No.48448 of 2025
2
COLLECTORATE, CIVIL STATION,
PALAKKAD, PIN - 678001
3 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE,
CIVIL STATION, PALAKKAD,
PIN - 678001
4 VILLAGE OFFICER
PARUTHUR, PARUTHUR VILLAGE,
PALAKKAD, PIN - 679305
5 THE AGRICULTURAL OFFICER
PARUTHUR, PARUTHUR VILLAGE,
PALAKKAD, PIN - 679305
6 SUB COLLECTOR
CIVIL STATION, OTTAPPALAM,
PALAKKAD, PIN - 679101
SMT. JESSY S SALIM, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:98850
WP(C) No.48448 of 2025
3
JUDGMENT
Dated this the 26th day of December, 2025
The petitioners, who are owners of 19.66 Ares of
property in Paruthur Village of Pattambi Taluk in Palakkad
District, have filed the writ petition seeking to direct the 3rd
respondent to consider Ext.P2 application and to pass orders
thereon, within a time frame to be fixed by this Court.
2. The petitioners state that they are owners in
possession of 19.66 Ares of land comprised in Re-Survey
No.537/6 of Paruthur Village of Pattambi Taluk in Palakkad
District. The land is garden land. It is not cultivated with
paddy. It is not fit for paddy cultivation either. However, the
land is described as nilam in Revenue records.
3. The petitioners want to use the land for other
purposes. Hence, the petitioners filed Ext.P2 application in
2025:KER:98850
Form-6 before the Revenue Divisional Officer, invoking the
provisions of Rule 12(1) of the Kerala Conservation of Paddy
Land and Wetland Rules, 2008. The application was filed on
06.12.2025. The application has not been considered so far.
Unless the application is considered expeditiously, the
petitioners will be put to untold hardship and loss, contend the
petitioners.
4. The Government Pleader representing the
respondents resisted the writ petition. The Government
Pleader controverted all material allegations made by the
petitioners, in the writ petition. The Government Pleader,
however, submitted that since the petitioners have invoked a
statutory remedy under the provisions of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008, the
application submitted by the petitioners can be considered by
the competent authority in accordance with law, provided the
application is received, is complete in all respects and is
2025:KER:98850
supported by all necessary documents.
5. Heard the learned counsel for the petitioners and
the learned Government Pleader representing the
respondents.
6. The property of the petitioners is said to be a dry
land, but it has been described as nilam in Revenue records.
Rule 12(1) of the Kerala Conservation of Paddy Land and
Wetland Rules, 2008 provides for making applications for
changing the nature of land in Revenue records. The
petitioners have invoked the provisions of Rule 12(1) of the
Rules, 2008 by filing application in Form-6. It being a statutory
application, the Competent Authority is bound to consider the
application and pass orders thereon within a reasonable time.
The writ petition is therefore disposed of with a
direction to the 3rd respondent-Revenue Divisional Officer to
consider and pass orders on Ext.P2 Form-6 application, if the
same is received supported by all requisite documents and
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paying prescribed fee, if any, and to pass orders thereon in
accordance with law, within a period of three months.
Sd/-
N.NAGARESH
JUDGE
hmh
2025:KER:98850
APPENDIX OF WP(C) NO. 48448 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE TAX RECEIPT FOR THE
YEAR OF 2025-2026 ISSUED BY THE 4TH
RESPONDENT DATED 06/12/2025
Exhibit P2 A TRUE COPY OF THE APPLICATION FILED
BY THE PETITIONERS IN FORM 6 DATED
06.12.2025
