Kerala High Court
Joy vs State Of Kerala on 11 September, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 32070 OF 2025 1 2025:KER:67425
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 11TH DAY OF SEPTEMBER 2025 / 20TH BHADRA, 1947
WP(C) NO. 32070 OF 2025
PETITIONERS:
1 JOY
AGED 63 YEARS
S/O. OUSEPH, MADATHUMKUDY HOUSE, ANGAMALLY P O,
ANGAMALLY, ERNAKULAM DIST., PIN - 683572
2 LIJO JOY
AGED 35 YEARS
S/O. JOY, MADATHUMKUDY HOUSE, ANGAMALLY P O,
ANGAMALLY, ERNAKULAM DIST., PIN - 683572
3 JOHNY
AGED 61 YEARS
S/O. OUSEPH, CHERUMADATHIL HOUSE, ANGAMALLY P O,
ANGAMALLY, ERNAKULAM DIST., PIN - 683572
4 BRITTO JOHN
AGED 31 YEARS
S/O. JOHNY, CHERUMADATHIL HOUSE, ANGAMALLY P O,
ANGAMALLY, ERNAKULAM DIST., PIN - 683572
BY ADV SMT.MEREENA.J.JOSEPH
RESPONDENTS:
1 STATE OF KERALA
AGED 35 YEARS
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN -
695001
2 THE LAND REVENUE COMMISSIONER
COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE
BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM., PIN -
WP(C) NO. 32070 OF 2025 2 2025:KER:67425
695001
3 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM., PIN - 682030
4 THE DEPUTY COLLECTOR ( L A), RDO U/S 2 (XVA) FOR
ALWAYE TALUK,
CIVIL STATION, KAKKANAD, ERNAKULAM., PIN - 682030
5 THE VILLAGE OFFICER,
OFFICE OF THE VILLAGE OFFICE, ANGAMALLY., PIN -
683572
GP.SMT.DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32070 OF 2025 3 2025:KER:67425
C.S.DIAS, J.
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WP(C) No. 32070 OF 2025
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Dated this the 11th day of September, 2025
JUDGMENT
The 1st petitioner is the owner in possession of 0.82
Ares of land comprised in Re-Survey No.357/2-3, the 2nd
petitioner is the owner in possession of 0.85 Ares of land
comprised in Re-survey No. 357/2-2, the 3 rd petitioner is the
owner in possession of 0.76 Ares of land comprised in Re-
survey No.357/2 and the 4th petitioner is the owner in
possession of 0.79 Ares of land comprised in Re-survey
No.357/2-4 all in Block No.12 of Angamally Village, Aluva
Taluk, Ernakulam District. The respondents had
erroneously classified the land as 'paddy land' and included
it in the data bank. By Ext.P2 series of orders, the
properties were excluded from the data bank. To change
the nature of the properties in the revenue records, the
petitioners have submitted Exts.P3 to P6 applications
before the 4th respondent on 18.07.2025 in Form 6 under
WP(C) NO. 32070 OF 2025 4 2025:KER:67425
Section 27A read with Rule 12(1) of the Kerala
Conservation of Paddy Land and Wetland Act and Rules,
2008 ('Act and Rules' in short).But, the applications have
not been considered till date. Hence, the writ petition.
2. Heard; the learned counsel for the petitioners
and the learned Government Pleader.
3. On a consideration of the facts and materials on
record, especially that Exts.P3 to P6 applications are
pending consideration before 4th respondent since
18.07.2025, and the same is statutory in nature, without
expressing anything on the merits of the applications, I
allow the writ petition by ordering as follows:
(i) The 5th respondent is directed to submit his
reports as provided under Rule 12(4) of the
Rules, to the authorised officer, within two
months from the date of production of a copy of
this judgment.
(ii) On receipt of the above reports, the 4th
respondent (authorised officer) shall consider
and dispose of Exts.P3 to P6 applications, in
accordance with law, and as expeditiously as
WP(C) NO. 32070 OF 2025 5 2025:KER:67425
possible, at any rate, within two months from
the date of receipt of the above reports.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
SCB.11.09.25.
WP(C) NO. 32070 OF 2025 6 2025:KER:67425
APPENDIX OF WP(C) 32070/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.
43378/2024 OF THIS HONBLE COURT DATED 5/12/2024
Exhibit P2 A TRUE COPY OF THE ORDER ALLOWING THE FORM 5
APPLICATION FILED BY THE 1ST PETITIONER IN
RESPECT OF THE PROPERTY COVERED BYBLOCK-12,
SURVEY NO. 357/2-3 IN ANGAMALLY VILLAGE,
ERNAKULAM DISTRICT, DATED 11/7/2025
Exhibit P2(a) A TRUE COPY OF THE ORDER ALLOWING THE FORM 5
APPLICATION FILED BY THE 2ND PETITIONER IN
RESPECT OF THE PROPERTY COVERED BYBLOCK-12,
SURVEY NO. 357/2-2 IN ANGAMALLY VILLAGE,
ERNAKULAM DISTRICT, DATED 11/7/2025
Exhibit P2(b) A TRUE COPY OF THE ORDER ALLOWING THE FORM 5
APPLICATION FILED BY THE 3RDPETITIONER IN
RESPECT OF THE PROPERTY COVERED BYBLOCK-12,
SURVEY NO. 357/2 INANGAMALLY VILLAGE, ERNAKULAM
DISTRICT, DATED 11/7/2025
Exhibit P2(c) A TRUE COPY OF THE ORDER ALLOWING THE FORM 5
APPLICATION FILED BY THE 4TH PETITIONER IN
RESPECT OF THE PROPERTY COVERED BYBLOCK-12,
SURVEY NO. 357/2-4 IN ANGAMALLY VILLAGE,
ERNAKULAM DISTRICT, DATED 11/7/2025
Exhibit P3 A TRUE COPY OF THE FORM 6 APPLICATION FILED BY
THE 1ST PETITIONER IN RESPECT OF THE PROPERTY
COVERED BY SURVEY NO. 357/2-3OF ANGAMALLY
VILLAGE DATED 18/7/2025
Exhibit P4 A TRUE COPY OF THE FORM 6 APPLICATION FILED BY
THE 2ND PETITIONER IN RESPECT OF THE PROPERTY
COVERED BY SURVEY NO. 357/2-2 OF ANGAMALLY
VILLAGE DATED 18/7/2025
Exhibit P5 A TRUE COPY OF THE FORM 6 APPLICATION FILED BY
THE 3RD PETITIONER IN RESPECT OF THE PROPERTY
COVERED BY SURVEY NO. 357/2 OF ANGAMALLY
VILLAGE DATED 18/7/2025
Exhibit P6 A TRUE COPY OF THE FORM 6 APPLICATION FILED BY
THE 4TH PETITIONER IN RESPECT OF THE PROPERTY
COVERED BY SURVEY NO. 357/2-4 OF ANGAMALLY
VILLAGE DATED 18/7/2025
