Citation : 2025 Latest Caselaw 9681 Ker
Judgement Date : 14 October, 2025
W.P.(C) No. 37543 of 2025
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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. 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
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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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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]
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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
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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
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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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