Citation : 2025 Latest Caselaw 10435 Ker
Judgement Date : 3 November, 2025
WP(C) NO. 31739 OF 2025 1
2025:KER:82698
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF NOVEMBER 2025 / 12TH KARTHIKA, 1947
WP(C) NO. 31739 OF 2025
PETITIONER/S:
1 NANDAKUMAR G
AGED 61 YEARS
S/O KARTHA SG., RESIDING AT SREENIVAS, ALANGADU
(P.O.), KARUMALUR, PARAVUR, ERNAKULAM, PIN - 683511
2 JAYASREE S PILLAI
AGED 71 YEARS
D/O KARTHA SG., RESIDING AT SREENIVAS, ALANGADU
(P.O.), KARUMALUR, PARAVUR, ERNAKULAM, PIN - 683511
3 SREELATHA
AGED 68 YEARS
D/O KARTHA SG., RESIDING AT SREENIVAS, ALANGADU
(P.O.), KARUMALUR, PARAVUR, ERNAKULAM, PIN - 683511
4 ASHA
AGED 66 YEARS
D/O KARTHA SG., RESIDING AT SREENIVAS, ALANGADU
(P.O.), KARUMALUR, PARAVUR, ERNAKULAM, PIN - 683511
BY ADVS.
SRI.NIDHI BALACHANDRAN
SRI.THOMAS C.ANTONY
RESPONDENT/S:
WP(C) NO. 31739 OF 2025 2
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1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI, ERNAKULAM,
PIN - 682001
3 THE TAHASILDAR (LAND RECORDS)
TALUK OFFICE, PARAVUR, ERNAKULAM, PIN - 683513
4 THE LOCAL LEVEL MONITORING COMMITTEE UNDER THE
KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT-
2008
REPRESENTED BY ITS CONVENOR, PRINCIPAL AGRICULTURAL
OFFICER, KRISHI BHAVAN, ALANGADU, PARAVOOR
ERNAKULAM, PIN - 683511
ADDL.R5 THE VILLAGE OFFICER
ALANGADU, PARAVOOR, ERNAKULAM (IS IMPLEADED AS PER
ORDER DATED 03.11.205 IN IA NO.1/2025 )
ADDL.R6 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, ALANGADU, PARAVOOR ERNAKULAM (IS
IMPLEADED AS PER ORDER DATED 03.11.205 IN IA
NO.1/2025 )
OTHER PRESENT:
SR.GP, SMT. VIDYA KURIAKOSE,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 31739 OF 2025 3
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P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C) No.31739 of 2025
--------------------------------------
Dated this the 3rd day of November, 2025
JUDGMENT
The above writ petition is filed with following prayers :
" i. Declare that 48.96 Ares of land comprised in Sy.No.256/6-3 of Alangadu Village, Paravur Taluk in Ernakulam District belonging to the Petitioner is not a "Paddy land" as defined under Section 2(xviii) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and that the said Act is not applicable to the property and to issue a Writ of Mandamus, or any other writ order or direction commanding the 2nd respondent to correct the entry of property of the Petitioner in the official records as purayidam.
ii. to issue a Writ of Mandamus, or any other writ order or direction commanding the 2nd Respondent to consider and pass orders on Ext-P4 application filed by the Petitioner within a time frame.
iii. Issue such other writ, order or direction, as this Hon'ble Court deems fit and necessary in the circumstances of the case " [sic]
2025:KER:82698
2. When this writ petition came up for
consideration, the learned counsel for the petitioners
submitted that they will be satisfied if a direction is issued to
consider Ext.P4 application submitted in Form 5 under Kerala
Conservation of Paddy Land and Wetland Rules, 2008.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I think that prayer
can be allowed.
Therefore, this writ petition is disposed of with the
following directions:
1) The additional 5th and 6th respondents are directed to
submit necessary report based on Ext.P4 as expeditiously
as possible, at any rate, within one month from the date
of receipt of a certified copy of this judgment.
2) Once the report is received, the 2 nd respondent/competent
authority shall consider Ext.P4, (if it is pending and if it is
in order) as expeditiously as possible, at any rate, within
three months from the date of receipt of the report from
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the additional 5th and 6th respondents.
3) The petitioners will produce a certified copy of this
judgment before the 2nd, additional 5th and 6th respondents
for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 03/11/25
Judgment dictated 03/11/25
Draft judgment placed 03/11/25
Final judgment uploaded 04/11/25
2025:KER:82698
APPENDIX OF WP(C) 31739/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 10/3/25 IN WPC NO 23388/2020 OF THIS HON'BLE COURT Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 7/8/25 IN COC (C) NO 1844/25 OF THIS HON'BLE COURT Exhibit P3 TRUE COPY OF THE ORDER DATED 7/8/25 ISSUED BY THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE FORM 7 APPLICATION DATED 8-8-2025 SUBMITTED BY THE PETITIONER ALONG WITH IT'S RECEIPT Exhibit P5 TRUE COPY OF THE TAX RECEIPT DATED 8/5/24 OF THE PETITIONERS PROPERTY Exhibit P6 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 9/7/23 OF PETITIONERS PROPERTY
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