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Ramesh Poimplasseril vs State Of Kerala
2025 Latest Caselaw 9727 Ker

Citation : 2025 Latest Caselaw 9727 Ker
Judgement Date : 15 October, 2025

Kerala High Court

Ramesh Poimplasseril vs State Of Kerala on 15 October, 2025

Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
 W.P.(C) No. 36683 of 2025




                                  1
                                                  2025:KER:76947

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

WEDNESDAY, THE 15TH DAY OF OCTOBER 2025 / 23RD ASWINA, 1947

                        WP(C) NO. 36683 OF 2025

 PETITIONER(S):

              RAMESH POIMPLASSERIL
              AGED 71 YEARS
              S/O K.S PILLAI(LATE) C/O MADHAVAM, SHREYAS
              LANE, CHERUPARAMBATH ROAD, KADAVANTHRA POST,
              ERNAKULAM DISTRICT, PIN - 682020


              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 REPRESENTED BY
              ITS SECRETARYREVENUE DEPARTMENT, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

      2       DISTRICT COLLECTOR, ERNAKULAM
              COLLECTORATE, CIVIL STATION, KAKKANAD POST,
              ERNAKULAM DIST., PIN - 682030

      3       DEPUTY COLLECTOR (RR) ERNAKULAM
              COLLECTORATE, CIVIL STATION, KAKKAAND POST,
              ERNAKULAM DIST., PIN - 682030

      4       TAHSILDAR, KANAYANNUR
              PARK AVENUE ROAD, OPP. SUBASH PARK, ERNAKULAM
              HEAD POST, ERNAKULAM DIST., PIN - 682011
 W.P.(C) No. 36683 of 2025




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                                               2025:KER:76947

     5       VILLAGE OFFICER, ERANAKULAM
             VILLAGE OFFICE ERNAKULAM PARK AVENUE ROAD,
             OPP. SUBASH PARK, ERNAKULAM HEAD POST,
             ERNAKULAM DIST., PIN - 682011

     6       AGRICULTURAL OFFICER, VYTILLA
             AGRICULTURE OFFICE, VYTILLA,1ST FLOOR, KOCHI
             CORPORATION VYTILLA SHOPPING COMPLEX, VYTILLA
             JUNCTION- WEST SIDE VYTILLA POST, ERNAKULAM
             DISTRICT, PIN - 682019


             BY ADV. GP, SMT. PREETHA K K

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No. 36683 of 2025




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                                                          2025:KER:76947



                       P.V.KUNHIKRISHNAN, J.
                ---------------------------------------------
                      W.P.(C) No. 36683 2025
            ------------------------------------------------------
             Dated this the 15th day of October, 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 P4, the Form 9 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.P5 Form - 9 application submitted by the

petitioner under the Kerala Conservation of Paddy

Land and Wetland Rules, 2008 ('Rules' in short).

2025:KER:76947

3. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader.

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

a direction to consider Ext.P5 Form - 9 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/authorised officer based on

Ext.P5 application within a period of

one month from the date of receipt of

a certified copy of this judgment.

2. The 3rd respondent/authorised officer is

directed to consider Ext.P5 application

based on the report received from the

5th respondent, as expeditiously as

possible, at any rate, within a period of

two months from the date of receipt of

the report. I make it clear that the 3 rd

respondent/authorised officer is free to

2025:KER:76947

pass appropriate orders in accordance

with the law, if the application is in

order.

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          15.10.2025
Judgment dictated         15.10.2025
Draft Judgment placed     16.10.2025

Final Judgment uploaded 17.10.2025

2025:KER:76947

APPENDIX OF WP(C) 36683/2025

PETITIONER EXHIBITS

EXHIBIT P1 A COPY OF THE LAND TAX RECEIPT DATED 30.06.2024 ISSUED BY THE ERNAKULAM VILLAGE OFFICER EXHIBIT P2 A COPY OF THE RELEVANT PAGE OF THE DATA BANK PUBLISHED ON 25.02.2021 EXHIBIT P3 A COPY OF THE DOCUMENT DATED 5.07.1940 EXHIBIT P4 THE TRUE COPY OF THE ORDER NO.866/2023 DATED 12.12.2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P5 A COPY OF THE FORM 9 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 12.04.2025

 
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