Kerala High Court
K R Sathees Baboo vs State Of Kerala on 4 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.41021 of 2025
2025:KER:83422
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 4TH DAY OF NOVEMBER 2025 / 13TH KARTHIKA, 1947
WP(C) NO. 41021 OF 2025
PETITIONER(S):
K R SATHEES BABOO
AGED 73 YEARS, S/O K R RAMAKRISHNAN (LATE), 49/2000
B, SOUPARNIKA RESIDENT'S LANE, EDAPALLY, EDAPALLY
S.O, ERNAKULAM DISTRICT, PIN - 682024
BY ADVS.
SRI.AVANEESH KOYIKKARA
SMT.MANJUSHA K.U.
SHRI.ASHWIN SUNIL KUMAR
SHRI.FELIX JOHN
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 DISTRICT COLLECTOR, ALAPPUZHA
COLLECTORATE, CIVIL STATION WARD, ALAPPUZHA
COLLECTORATE POST, ALAPPUZHA DIST., PIN - 688001
3 DEPUTY COLLECTOR (LR), ALAPPUZHA
COLLECTORATE, CIVIL STATION WARD, ALAPPUZHA
COLLECTORATE POST, ALAPPUZHA DIST., PIN - 688001
4 TAHSILDAR, AMBALAPPUZHA
TALUK OFFICE, AMBALAPPUZHA, SDV SCHOOL RD,
THATHAMPALLY POST, ALAPPUZHA DIST., PIN - 688013
W.P.(C) No.41021 of 2025
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5 VILLAGE OFFICER, ARYAD SOUTH
VILLAGE OFFICE, ARYAD SOUTH. KAICHOONDI POST,
ALAPPUZHA DIST., PIN - 688006
6 AGRICULTURAL OFFICER, ALAPPUZHA
KRISHI BHAVAN, ALAPPUZHA, MULLAKKAL POST, ALAPPUZHA
DIST., PIN - 688011
BY ADV.:
SR GP, SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.41021 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.41021 of 2025
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Dated this the 04th day of November, 2025
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i. To issue a writ of mandamus or any other appropriate writ,
order, or direction, commanding the 3rd respondent to
consider and pass appropriate orders in Exhibit P3, the Form 6
application change of nature of unnotified land, after strictly
following the procedures prescribed in law, within a time frame
of two months or such period as this Hon'ble Court may fix;
ii. Pass any other orders or directions that this Hon'ble Court
may deem fit and proper in the interest of Justice;
iii. Dispense with the translation of the documents produced in
the vernacular language; And
iv. Award cost" [SIC]
2. The main prayer in this Writ Petition is to
consider Ext.P3 Form - 6 application filed 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).
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3. Heard the learned counsel for the petitioner and
the learned Government Pleader.
4. The Government Pleader submitted that the
total extent of the property of the petitioner is 20.62 Ares.
The Form 6 application is filed for 18.22 Ares. The
Government Pleader submitted that, such an application
is filed to get an exemption from water conservancy
measures. I make it clear that if the petitioner want to
use the remaining portion, the water conservancy is to be
maintained, in accordance with law.
5. After hearing both sides, I think there can be a
direction to consider Ext.P3 within a time frame.
Therefore, this Writ Petition(C) is disposed of in the
following manner:
1. The 6th respondent is directed to submit the
necessary report based on Ext. P3 Form 6
application to the 3rd respondent / Authorised
Officer within a period of one month from the
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date of receipt of a certified copy of this
judgment.
2. The 3rd respondent / Authorised Officer is
directed to consider Ext.P3 Form 6 application
(if it is pending and if it is in order) based on
the report received from the 6th respondent,
as expeditiously as possible, at any rate,
within a period of three months from the date
of receipt of the report. I make it clear that the
3rd 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 3rd and 6th
respondents for compliance. Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of judgment 04.11.2025
Judgment dictated 04.11.2025
Draft Judgment Placed 04.11.2025
Final Judgment Uploaded 05.11.2025
2025:KER:83422
APPENDIX OF WP(C) 41021/2025
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE LAND TAX RECEIPT DATED
24.01.2024 ISSUED BY THE ARYAD SOUTH
VILLAGE OFFICER
Exhibit P2 A COPY OF THE DATA BANK REPLY FROM THE
AGRICULTURE OFFICER DATED 18.07.2024
AND THE COVER PAGE OF THE DATA BANK
PUBLISHED ON 19.01.2021
Exhibit P3 A COPY OF THE FORM 6 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 18.06.2025, ALONG
WITH THE FEE RECEIPT
