Kerala High Court
Roy Skariya vs Deputy Collector (Lr) on 14 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 37725 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. 37725 OF 2025
PETITIONER(S):
ROY SKARIYA
AGED 45 YEARS
S/O.SKARIYA KAIPLANGATT HOUSE , MODAPOIKA
VAZHIKADAVU, ERNAKULAM, PIN - 679331
BY ADV SHRI.K.J.MANU RAJ
RESPONDENT(S):
1 DEPUTY COLLECTOR (LR)
COLLECTORATE , KAKKANAD, ERNAKULAM, PIN - 682030
2 THE AGRICULTURAL OFFICER
KIZHAKKAMBALAM KRISHI BHAVAN KIZHAKKAMBALAM P.O.
ERNAKULAM, PIN - 683543
3 THE VILLAGE OFFICER,
KIZHAKKAMBALAM VILLAGE OFFICE KIZHAKKAMBALAM P.O
ERNAKULAM, PIN - 683543
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. 37725 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 37725 of 2025
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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 other appropriate writ,
order or direction, directing the 1st respondent to
consider and pass orders on Exhibit P1 Form 5 application
of the petitioner after affording an opportunity of being
heard to the petitioner within a time limit fixed by this
Hon'ble Court;
ii) issue a writ of mandamus or other appropriate writ,
order or direction, directing the respondents to remove
petitioner's property from data bank.
iii) Declare that the property of the petitioner is the
absolute owner of lying of 13.49 Ares of property lying in
Survey No.31/10-2, 31/1-3 of Kizhakkambalam Village in
Kunnathunad Taluk in Block No. 26, Ernakulam District is
not a paddy land.
iv) issue such other appropriate writ, order or direction
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which this Hon'ble Court may deem fit in the
circumstances of the case.
v) Dispense with the production of English translation of
the vernacular Exhibits produced in the Writ Petition(c)"
[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 1st respondent to consider Ext.P1 Form - 5
application submitted by him as per the Kerala
Conservation of Paddy Land and Wet Land Rules, 2008
(for short 'Rules 2008'), after getting report from the 2nd
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
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following directions:
1. The 2nd respondent Agricultural Officer is
directed to submit necessary report to the
1st respondent / competent authority,
based on Ext.P1 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 1st
respondent / competent authority will
consider Ext.P1 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 two months from the date of
receipt of the report from the 2nd
respondent Agricultural Officer.
3. The petitioner will produce a certified copy
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of this judgment along with a copy of the
Writ Petition with exhibits before the 1st
and 2nd 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:76330
APPENDIX OF WP(C) 37725/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT DATED 13.6.2024
Exhibit P2 A TRUE COPY OF THE RECEIPT ISSUED BY
THE 3RD RESPONDENT TO THE PETITIONER
DATED 13.6.2024
Exhibit P3 A TRUE COPY OF THE RECEIPT ISSUED BY
THE 3RD RESPONDENT TO THE PETITIONER
DATED 29.4.2025
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
