Kerala High Court
Ajithgopan .G vs Revenue Divisional Officer Fort Kochi on 3 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO.36628 OF 2025
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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. 36628 OF 2025
PETITIONER(S):
AJITHGOPAN .G
AGED 52 YEARS
S/O K.G NAMPOOTHIRI, ATHIRA, KAITHA, NORTH,
CHETTIKULANGARA, MAVELIKKARA KANNAMANGALAM
{ PART}, ALAPPUZHA, KERALA., PIN - 690106
BY ADV SMT.NAZRIYA NOUSHAD
RESPONDENT(S):
1 REVENUE DIVISIONAL OFFICER FORT KOCHI
OFFICE OF THE REVENUE DIVISIONAL OFFICER,X69V+2HV
FIRST FLOOR ,KB JACOB ROAD,FORT
KOCHI,ERNAKULAM,KERALA, PIN - 682001
2 DEPUTY COLLECTOR,LAND ACQUISITION
OFFICE OF THE DEPUTY COLLECTOR,KOCHI METRO RAIL
PROJECT,COLLECTORATE,CIVIL STATION,KAKKANAD
P.O,ERNAKULAM,KERALA, PIN - 682030
3 VILLAGE OFFICER
VILLAGE OFFICE VAZHAKKALA VILLAGE OFFICE NGO
QUARTERS, VAZHAKKALA, MYTHRIPURAM, VAZHAKKALA,
ERNAKULAM, KERALA, PIN - 682021
4 THE AGRICULTURAL OFFICER
OFFICE OF THE AGRICULTURAL OFFICER,KAKKANAD
KRISHIBHAVAN,ERNAKULAM DISTRICT,KERALA,
PIN - 682030
WP(C) NO.36628 OF 2025
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BY ADV.
GP, SRI. JIBU T.S,
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.36628 OF 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) No.36628 of 2025
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Dated this the 03rd day of November, 2025
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"1. issue a writ of mandamus or any other
appropriate writ, order, or direction, directing the
2nd respondent to consider the Ext.P4 application
submitted by the petitioner on the ground of
existence of a residential building and non-
agricultural use.
2.issue a writ of mandamus or any other
appropriate writ, order, or direction directing the 2nd
respondent to permit the petitioner to construct a
commercial building in the petition scheduled
property, which is only 2 Ares 2 Sq. Meter of
property no legal obstacles for the building
construction.
3. Issue such other writ, order, or direction which
may deem fit in the facts and circumstances of the
case;
4.Dispense with the translation of the documents
produced in the Vernacular Language."
[SIC]
2. The main prayer in this Writ Petition is to consider
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Ext.P4 Form - 6 application submitted by the petitioner 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).
3. Heard the learned counsel for the petitioner and the
learned Government Pleader.
4. After hearing both sides, I think there can be a direction
to consider Ext.P4 within a time frame.
Therefore, this Writ Petition is disposed of in the following
manner:
1. The 3rd respondent is directed to submit the
necessary report based on Ext. P4 application to
the 1st respondent/Authorised Officer within a
period of one month from the date of receipt of a
certified copy of this judgment.
2. The 1st respondent/Authorised Officer is directed
to consider the Ext.P4 application (if it is pending
and if it is in order) based on the report received
from the 3rd respondent, as expeditiously as
possible, at any rate, within a period of three
months from the date of receipt of the report. I
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make it clear that the 1st respondent is free to
pass appropriate orders in accordance with the
law.
3. The petitioner will produce a certified copy of this
judgment, along with a copy of this Writ Petition
with exhibits, before the 1st and 3rd respondents
for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Judgment reserved NA
Date of judgment 03.11.2025
Judgment dictated 03.11.2025
Draft Judgment Placed 04.11.2025
Final Judgment Uploaded 05.11.2025
WP(C) NO.36628 OF 2025
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APPENDIX OF WP(C) 36628/2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF DOCUMENT NO: 1267/2009
DATED 17.08.2009 OF THE SUB REGISTRY
THRIKKAKARA.
EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 14.08.2025
EXHIBIT P3 A TRUE COPY OF THE LAND TAX RECEIPT WITH
THE THANDAPPER NO: 11329 MARKING
PETITIONER'S LAND AS ‘NILAM' DATED
14.03.2025
EXHIBIT P4 A TRUE COPY OF THE APPLICATION PREFERRED
IN FORM 6 AS ENVISAGED KERALA
CONSERVATION OF PADDY LAND AND WETLAND
RULES, 2008 DATED 09.09.2025
EXHIBIT P5 A TRUE PHOTO OF THE PETITION SCHEDULED
PROPERTY
EXHIBIT P6 A RUE COPY OF THE SURVEY SKETCH OF THE
PETITION SCHEDULE PROPERTY
