Citation : 2025 Latest Caselaw 9667 Ker
Judgement Date : 14 October, 2025
W.P.(C) No. 37792 of 2025
2025:KER:76372
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947
WP(C) NO. 37792 OF 2025
PETITIONER(S):
SAKKEERU K.V @ SAKKEERU
AGED 53 YEARS, S/O HAMSA, RESIDING AT
PANCHILAKATH, KOKKUR, ALAMKODE VILLAGE, PONNANI
TALUK, MALAPPURAM DISTRICT, KERALA.,
PIN - 679591
BY ADVS.
SRI.R.O.MUHAMED SHEMEEM
SMT.ABIDHA M.A.
RESPONDENT(S):
1 THE REVENUE DIVISIONAL OFFICER
THE REGIONAL DIVISIONAL OFFICE, THRIKKANDIYUR
ROAD, TIRUR, MALAPPURAM DISTRICT, KERALA.,
PIN - 676101
2 THE DEPUTY COLLECTOR
(RR) CIVIL STATION, MALAPPURAM., PIN - 676505
3 THE AGRICULTURE OFFICER
ALAMKODE, MALAPPURAM DISTRICT, KERALA.,
PIN - 679591
4 THE VILLAGE OFFICER
ALAMKODE VILLAGE OFFICE, MALAPPURAM DISTRICT.,
PIN - 679591
W.P.(C) No. 37792 of 2025
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5 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, SECRETARIAT, MAHATMA GANDHI ROAD,
NEAR CENTRAL STADIUM JUNCTION, STATUE PALAYAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
BY ADV.:
SR GP, SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 37792 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 37792 of 2025
------------------------------------------------------
Dated this the 14th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i. To Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the 1st and 2nd respondents or any other officers under them to consider and pass appropriate order on Ext-P3 expeditiously at any rate within three weeks or any reasonable time that may be fixed by this Hon'ble Court. ii. To pass such other order, orders or direction that may be deemed just and proper by this Hon'ble Court."[SIC]
2. When this Writ petition came up for
consideration, the counsel for the petitioner submitted
that the petitioner will be satisfied, if a direction is issued
to the 2nd respondent to consider Ext.P3 Form - 5
application submitted by him as per the Kerala
Conservation of Paddy Land and Wet Land Rules, 2008
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(for short 'Rules 2008'), after getting report from the 3rd
respondent Agricultural Officer, within a time frame.
3. Heard the learned counsel for petitioner and the
learned Government Pleader.
4. After hearing both sides, I think, the prayer in
this Writ Petition can be allowed.
Therefore, this Writ Petition(C) is disposed of with the
following directions:
1. The 3rd respondent Agricultural Officer is
directed to submit necessary report to the
2nd respondent / authorised officer based
on Ext.P3 Form - 5 application, as
expeditiously as possible, at any rate,
within a period of one month from the date
of receipt of a certified copy of this
judgment.
2. Once such a report is received, the 2nd
respondent / authorized officer will
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consider Ext.P3 Form - 5 application, (if it
is in order and it is pending as on today),
and pass appropriate orders in it within a
period of three months from the date of
receipt of the report from the 3rd
respondent Agricultural Officer.
3. The petitioner will produce a certified copy
of this judgment along with a copy of the
Writ Petition with exhibits before the 2nd
and 3rd respondents for compliance.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of judgment 14.10.2025
Judgment dictated 14.10.2025
Draft Judgment Placed 14.10.2025 Final Judgment Uploaded 15.10.2025
2025:KER:76372
APPENDIX OF WP(C) 37792/2025
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE SETTLEMENT DEED NO.
1390/1/2025 DATED 28.04.2025 EDAPPAL SUB REGISTER OFFICE.
EXHIBIT-P2 A TRUE COPY OF THE LAND REVENUE RECEIPT NO. KL10030107083/2025, DATED 27.05.2025.
EXHIBIT-P3 A TRUE COPY OF THE APPLICATION DATED 09.08.2025 IN FORM 5 RULE4 (D) OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND RULES, 2008.
EXHIBIT-P4 A TRUE COPY OF THE WET-LAND THARAM MATTAL RECEIPT NO. KL10030110879/2025, DATED 09.08.2025.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
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