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Kerala High Court
Adarsh T.G vs The Revenue Divisional Officer on 26 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:98854
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. 48403 OF 2025
PETITIONER:
ADARSH T.G
AGED 37 YEARS
SON OF NJANESHWARAN, THEKKEDATH HOUSE,
CHERANELLOOR, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682034
BY ADVS.
SRI.P.M.ZIRAJ
SRI.IRFAN ZIRAJ
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
FORTKOCHI, ERNAKULAM DISTRICT,
PIN - 682001
2 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHIBHAVAN,
KUMBALAM,ERNAKULAM DISTRICT,
PIN - 682506
3 THE AGRICULTURAL OFFICER
KRISHIBHAVAN, KUMBALAM ERNAKULAM DISTRICT,
PIN - 682506
4 THE VILLAGE OFFICER
KUMBALAM VILLAGE,
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WP(C) No.48403 of 2025
2
ERNAKULAM DISTRICT, PIN - 682506
5 KERALA STATE REMOTE SENSING AGENCY AND
ENVIRONMENT CENTRE (KSREC)
VIKAS BHAVAN, C.BLOCK, THIRUVANANTHAPURAM,
KERALA REPRESENTED BY THE DIRECTOR,
PIN - 682506
6 DEPUTY COLLECTOR (RR)
COLLECTORATE, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN - 682030
SMT. REKHA C NAIR, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.48403 of 2025
3
JUDGMENT
Dated this the 26th day of December, 2025
The petitioner, who is owner of 2.83 Ares of
property in Kumbalam Village of Kanayannur Taluk in
Ernakulam District, has filed the writ petition seeking to direct
the 1st respondent to consider Ext.P4 application and to pass
orders thereon, within a time frame to be fixed by this Court.
2. The petitioner states that he is owner in possession
of 2.83 Ares of land comprised in Survey No.30/3-3 in Block
No.17 of Kumbalam Village of Kanayannur Taluk in
Ernakulam 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 paddy land in Revenue
records.
2025:KER:98854
3. The petitioner wants to use the land for other
purposes. Hence, the petitioner filed Ext.P4 application in
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
14.01.2025. The application has not been considered so far.
Unless the application is considered expeditiously, the
petitioner will be put to untold hardship and loss, contends the
petitioner.
4. The Government Pleader representing the
respondents resisted the writ petition. The Government
Pleader controverted all material allegations made by the
petitioner, in the writ petition. The Government Pleader,
however, submitted that since the petitioner has invoked a
statutory remedy under the provisions of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008, the
application submitted by the petitioner can be considered by
2025:KER:98854
the competent authority in accordance with law, provided the
application is received, is complete in all respects and is
supported by all necessary documents.
5. Heard the learned counsel for the petitioner and the
learned Government Pleader representing the respondents.
6. The property of the petitioner is said to be a dry
land, but it has been described as paddy land 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
petitioner has 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 1st respondent-Revenue Divisional Officer to
consider and pass orders on Ext.P4 Form-6 application, if the
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same is received supported by all requisite documents and
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:98854
APPENDIX OF WP(C) NO. 48403 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE TITLE DEED OF
PETITIONER DATED 3.7.2017 REGISTERED
AS DOCUMENT NUMBER 1348 OF 2017 OF
MARADU SUB REGISTRAR OFFICE
Exhibit P2 TRUE COPY OF THE TAX RECEIPT IN
CONNECTION WITH THE PROPERTY OF THE
PETITIONER DATED 1.12.2025 ISSUED BY
THE FOURTH RESPONDENT
Exhibit P3 TRUE COPY OF THE ORDER DATED
16.12.2024 ISSUED BY THE SIXTH
RESPONDENT ON BEHALF OF FIRST
RESPONDENT ON THE BASIS OF GOVERNMENT
ORDER
Exhibit P4 TRUE COPY OF THE APPLICATION DATED
14.1.2025 IN FORM 6 SUBMITTED BY THE
PETITIONER BEFORE THE FIRST RESPONDENT
