Kerala High Court
Jacob A.J vs The District Collector on 7 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 22193 OF 2025
1
2025:KER:49757
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 22193 OF 2025
PETITIONER/S:
JACOB A.J.
AGED 77 YEARS
S/O JOSEPH, ARAKKAL HOUSE, EZHUPUNNA, CHERTHALA TALUK,
ALAPPUZHA DISTRICT, PRESENTLY RESIDING AT PEACE VILLA,
MULLAMPARA, MANCHERY VILLAGE, MALAPPURAM DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER, JIJO GEORGE,
S/O GEORGE, AGED 37, RESIDING AT ARACKAL HOUSE,
EZHUPUNNA P.O., EZHUPUNNA VILLAGE, CHERTHALA TALUK,
ALAPPUZHA DISTRICT., PIN - 688537
BY ADVS.
DR.V.N.SANKARJEE
SHRI.V.N.MADHUSUDANAN
SMT.R.UDAYA JYOTHI
SMT. KEERTHI B. CHANDRAN
SHRI.VIJAYAN PILLAI P.K.
SMT.SHILPA P.S.
SHRI.UNNIKRISHNAN H.
SHRI.ASWIN P.S.
SMT.SHRIYA MERLIN MAXWELL
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
ALAPPUZHA, COLLECTORATE, CIVIL STATION WARD, ALAPPUZHA
DISTRICT., PIN - 688001
2 THE REVENUE DIVISIONAL OFFICER
ALAPPUZHA, REVENUE DIVISIONAL OFFICE, THATHAMPALLY,
ALAPPUZHA DISTRICT., PIN - 686013
3 THE TAHSILDAR
WP(C) NO. 22193 OF 2025
2
2025:KER:49757
CHERTHALA, TALUK OFFICE, CHERTHALA TALUK, ALAPPUZHA
DISTRICT., PIN - 688524
4 THE VILLAGE OFFICER
EZHUPUNNA, ERAMALLOOR, CHERTHALA TALUK, ALAPPUZHA
DISTRICT., PIN - 688537
5 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
EZHUPUNNA VILLAGE PANCHAYAT, ERAMALLOOR, ALAPPUZHA
DISTRICT., PIN - 688537
6 THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY
THIRUVANANTHAPURAM, THAMPANOOR, KSRTC 4TH FLOOR
BUILDING, THIRUVANANTHAPURAM DISTRICT., PIN - 695001
7 THE SECRETARY
EZHUPUNNA VILLAGE PANCHAYAT, ERAMALLOOR, ALAPPUZHA
DISTRICT., PIN - 688537
BY ADV SHRI.PRAKASH M.P., SC, KCZMA
OTHER PRESENT:
SR.GP.SMT.VIDYA KURIAKOSE, SC-SRI.PRAKASH M.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22193 OF 2025
3
2025:KER:49757
C.S.DIAS, J.
---------------------------------------
WP(C) No.22193 OF 2025
-----------------------------------------
Dated this the 7th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 20.44 Ares
of land comprised in Survey No.256/8A, 9 in Ezhupunna
Village, Cherthala Taluk covered under Ext.P2 land tax
receipt. The property is a dry land. The petitioner's property
was excluded from the data bank by Ext.P14 order passed by
the 2nd respondent. The petitioner desires to utilise the
property for non-agricultural purposes. To change the nature
of the property in the revenue records, the petitioner has
submitted Ext.P15 application before the 2nd respondent on
13.05.2024 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.
3. On a consideration of the facts and materials on
WP(C) NO. 22193 OF 2025
2025:KER:49757
record, especially that Ext.P15 application is pending
consideration before 2nd respondent since 13.05.2024, 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 4th respondent is directed to submit his report
as provided under Rule 12(4) of the Rules, to the
2nd respondent/authorised officer, within two
months from the date of production of a copy of
this judgment.
(ii) On receipt of the above report, the 2nd
respondent/authorised officer shall consider and
dispose of Ext.P15 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
rkc/07.07.25
WP(C) NO. 22193 OF 2025
2025:KER:49757
APPENDIX OF WP(C) 22193/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE WILL BEARING NO. 13/98 DATED
17.3.1998
Exhibit P2 TRUE COPY OF THE TAX RECEIPT NO.
KL04020506258/2025 DATED 10.6.2025 ISSUED BY
EZHUPUNNA VILLAGE
Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
27.4.2020
Exhibit P4 PHOTOGRAPH SHOWING THE STATE OF AFFAIRS OF THE
PROPERTY
Exhibit P5 TRUE COPY OF THE ASSESSMENT REGISTER
Exhibit P6 TRUE COPY OF THE EXTRACT OF THE DATA BANK
Exhibit P7 TRUE COPY OF LETTER BEARING NO. C3-3009/19 DATED
15.1.2020,
Exhibit P8 TRUE COPY OF THE APPLICATION DATED 14.11.2020
SUBMITTED BY THE PETITIONER TO THE 6TH
RESPONDENT, WITH POSTAL RECEIPT DATED 21.11.2020
AND POSTAL ACKNOWLEDGEMENT DATED 23.11.2020
Exhibit P9 TRUE COPY OF THE LOCATION SKETCH
Exhibit P10 TRUE COPY OF THE PETITIONER'S APPLICATION DATED
4.1.2021 SUBMITTED TO THE 3RD RESPONDENT
TOGETHER WITH COPIES RECEIPT DATED 4.1.2020
ISSUED FROM THE TALUK OFFICE CHERTHALA, AND
POSTAL RECEIPTS DATED 4.1.2021 (4 IN NUMBER)
Exhibit P11 TRUE COPY OF THE PETITIONER'S APPLICATION DATED
11.12.2020 SUBMITTED TO THE 2ND RESPONDENT
Exhibit P12 TRUE COPY OF THE PETITIONER'S APPLICATION DATED
9.10.2020 SUBMITTED BEFORE THE 2ND RESPONDENT
Exhibit P13 TRUE COPY OF THE ORDER DATED 17.8.2022 IN W.P.
(C) NO. 7667/2021 OF THIS HONOURABLE COURT
Exhibit P14 TRUE COPY OF THE ORDER NO. J1.D.DS.5926/2020
DATED 1.8.2023 ISSUED BY THE 2ND RESPONDENT
Exhibit P15 TRUE COPY OF THE PETITIONER'S APPLICATION DATED
13.5.2024 SUBMITTED ONLINE TO THE 2ND RESPONDENT
IN FORM NO. 6 AS DOWNLOADED
Exhibit P16 TRUE COPY OF THE JUDGMENT DATED 21.5.2025 IN
W.P.(C) NO. 7667/2021 OF THIS HONOURABLE COURT
