Kerala High Court
P. Praseethkumar vs The Deputy Collector (Rr) on 17 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 25264 OF 2025 1
2025:KER:52913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
WP(C) NO. 25264 OF 2025
PETITIONER:
P. PRASEETHKUMAR
AGED 40 YEARS
S/O. SAHADEVAN, RESIDING AT PUTHALATH HOUSE, PO.
MAYANAD, KOZHIKODE, PIN - 673008
BY ADVS. SHRI.V.V.SURENDRAN
SRI.P.A.HARISH
SMT.SHILPA K.
RESPONDENTS:
1 THE DEPUTY COLLECTOR (RR)
OFFICE OF THE DEPUTY COLLECTOR, COLLECTORATE
BUILDING, PO. CIVIL STATION, KOZHIKODE, PIN - 673020
2 THE VILLAGE OFFICER
CHELAVOOR VILLAGE, OFFICE OF THE VILLAGE OFFICER,
CHELAVOOR, PO. CHELAVOOR, KOZHIKODE, PIN - 673571
BY SMT.DEEPA V, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25264 OF 2025 2
2025:KER:52913
JUDGMENT
Dated this the 17th day of July, 2025
The petitioner and his relatives are the owners in
possession of 3.9457 Ares of land comprised in Re-Survey
No.70/23 in Chelavoor Village, Kozhikode Taluk, covered
under Ext.P5 possession certificate. The property is an
unnotified land. The petitioner desires to utilise the
property for other purposes, other than agricultural
activities. To change the classification of the property in the
revenue records, the petitioner has submitted Ext.P6
application before the 1st respondent on 25.06.2025 in
Form 6 under Section 27A read with Rule 12(1) of the
Kerala Conservation of Paddy Land and Wetland Act and
Rules, 2008 ('Act and Rules' in short). But, the application
has not been considered till date. Hence, the writ petition.
2. Heard; the learned counsel for the petitioner and
the learned Government Pleader.
2025:KER:52913
3. On a consideration of the facts and materials on
record, especially that Ext.P6 application is pending
consideration before 1st respondent since 25.06.2025, and
the same is statutory in nature, without expressing
anything on the merits of the application, I allow the writ
petition by ordering as follows:
(i) The jurisdictional Village Officer is directed to
submit his report as provided under Rule 12(4)
of the Rules, to the authorised officer, within
one month from the date of production of a copy
of this judgment.
(ii) On receipt of the above report, the 1st
respondent (authorised officer) shall consider
and dispose of Ext.P6 application, in accordance
with law, and as expeditiously as possible, at
any rate, within two months from the date of
receipt of the above report.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
NAB
2025:KER:52913
APPENDIX OF WP(C) 25264/2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE
PARTITION DEED NO. 2351/1986 DATED
12.06.1986 EXECUTED BETWEEN SAHADEVAN AND
HIS SIBLINGS OF CHEVAYUR SUB REGISTRY
EXHIBIT P2 A TRUE COPY OF THE ORDER NO. 4002/2024
DATED 21.06.2024 PASSED BY THE REVENUE
DIVISIONAL OFFICER REMOVING THE PROPERTY OF
THE PETITIONER FROM THE DATA BANK
EXHIBIT P3 A TRUE COPY OF THE APPLICATION UNDER FORM 6
OF THE KERALA CONSERVATION OF PADDY LAND
AND WET LAND ACT, 2008 DATED 12.09.2024 AND
ITS TYPED COPY FILED BY SUBHASHINI, THE
MOTHER OF THE PETITIONER
EXHIBIT P4 A TRUE COPY OF THE LAND TAX RECEIPT DATED
23.06.2025 WITH RESPECT TO 3 ARES 94.57
SQUARE METERS OF LAND IN SURVEY NUMBER
70/23 OF CHELAVUR VILLAGE BEARING THANDAPER
NUMBER 5410
EXHIBIT P5 A TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 23.06.2025 ISSUED BY THE 2ND
RESPONDENT CERTIFYING THAT THE PETITIONER
AND HIS CO-OWNERS ARE IN POSSESSION OF 3
ARES 94.57 SQUARE METERS OF LAND IN SURVEY
NO. 70/23 OF CHELAVUR VILLAGE
EXHIBIT P6 A TRUE COPY OF THE FORM 6 APPLICATION DATED
25.06.2025 MADE BY THE MOTHER OF THE
PETITIONER
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED
02.07.2025 OF THIS HONOURABLE COURT IN W.P.
(C) 18525/2025
