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Risin Roy vs The District Collector
2025 Latest Caselaw 9681 Ker

Citation : 2025 Latest Caselaw 9681 Ker
Judgement Date : 14 October, 2025

Kerala High Court

Risin Roy vs The District Collector on 14 October, 2025

Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 37543 of 2025




                                 1
                                                 2025:KER:76087
           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. 37543 OF 2025

PETITIONER(S):

             RISIN ROY
             AGED 46 YEARS
             W/O. SHAJI PARAYIL, PARAYIL HOUSE, TNRA 50,
             PAYYAPPILLY LANE, BYPASS ALUVA, ERNAKULAM,
             PIN - 683101


             BY ADVS.
             SHRI.MUHASIN K.M.
             SMT.FARHANA K.H.




RESPONDENT(S):

     1       THE DISTRICT COLLECTOR
             COLLECTORATE, NORTH KALPETTA P.O., WAYANAD,
             PIN - 673122

     2       THE REVENUE DIVISIONAL OFFICER
             MANANTHAVADY, REVENUE DIVISIONAL OFFICE,
             MALAYORA HIGHWAY, MANANTHAVADY, WAYANNAD,
             PIN - 670645

     3       THE DEPUTY COLLECTOR (LA)
             COLLECTORATE, NORTH KALPETTA P.O., WAYANAD,
             PIN - 673122

     4       THE TAHSILDAR
             VYTHIRI TALUK OFFICE, VYTHIRI,
             KUNNATHIDAVAKA, WAYANAD, PIN - 673576
 W.P.(C) No. 37543 of 2025




                              2
                                            2025:KER:76087

     5       THE AGRICULTURAL OFFICER
             THARIODE KRISHI BHAVAN, THRIODE, CHENNALODE
             P.O., WAYANNAD, PIN - 673575

     6       THE DIRECTOR
             KERALA STATE REMOTE SENSING AND ENVIRONMENT
             CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM,
             PIN - 695033


             BY ADV. SR GP, SMT. VIDYA KURIAKOSE

         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. 37543 of 2025




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                                                    2025:KER:76087



                      P.V.KUNHIKRISHNAN, J.
               ---------------------------------------------
                    W.P.(C) No. 37543 of 2025
           ------------------------------------------------------
            Dated this the 14th day of October, 2025.


                             JUDGMENT

This writ petition is filed seeking the following

reliefs:

"i) Issue a writ of mandamus or any other writ, order or direction to 2nd respondent or the officer authorized under section 2(XVA) of the Act to consider and pass order on Ext.P3 application within a time frame fixed by this Hon'ble Court.

ii) Issue a writ of mandamus or other writ, order or direction to the 5th respondent to submit a report to the 2nd respondent or the officer authorized under section 2(XVA) of the Act within a time frame fixed by the Hon'ble Court.

iii) [[Issue a writ of mandamus directing the 6th respondent to file a report before the 2nd respondent or the officer authorized under section 2(XVA) of the Act and 5th respondent with regard to nature and lie of the petitioner's property in 2008.

iv) To dispense with the production of the translation of vernacular documents.

v) Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case."[SIC]

2025:KER:76087

2. When this Writ Petition came up for

consideration, the learned counsel appearing for the

petitioner submitted that the petitioner will be

satisfied if a direction is issued to consider Ext.P3 Form

- 5 application submitted as per the the Kerala

Conservation of Paddy Land and Wetland Rules, 2008

('Rules', for brevity) within a time frame.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I think there can be

a direction to consider Ext.P3 application within a time

frame.

Therefore, this Writ Petition is disposed of in the

following manner:

1. The 5th respondent is directed to

submit necessary report to the 3rd

respondent based on Ext.P3

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. The 3rd respondent is directed to

2025:KER:76087

consider Ext.P3 application based on

the report received from the 5th

respondent, as expeditiously as

possible, at any rate, within a period of

three months from the date of receipt

of the report.

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 5th respondents for

compliance.

Sd/-

                                                    P.V.KUNHIKRISHNAN,
                                                          JUDGE
DM

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:76087

APPENDIX OF WP(C) 37543/2025

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 31.07.2025 EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF PUBLISHED DATA BANK OF THARIYODE GRAMA PANCHAYATH DATED 23.01.2021 EXHIBIT P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 27.08.2025.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 28.08.2025 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION

 
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