Citation : 2026 Latest Caselaw 2580 Ker
Judgement Date : 6 April, 2026
WP(C) NO. 9164 OF 2026 1
2026:KER:30147
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 6TH DAY OF APRIL 2026 / 16TH CHAITHRA, 1948
WP(C) NO. 9164 OF 2026
PETITIONER/S:
SUDHEER N.T
AGED 58 YEARS
S/O. DIVAKARAN N.T., RESIDING AT EDAVALATH HOUSE,
P.O. CHEVARAMBALAM, KOZHIKKODE DISTRICT, PIN -
673017
BY ADVS.
SHRI.S.K.KRISHNAKUMAR
SHRI.MANEKSHA D.
SMT.V.M.MARY HARSHA
SHRI.JERALD V.F.
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, CIVIL STATION,
KOZHIKKODE, PIN - 673020
3 THE VILLAGE OFFICER
NELLICODE VILLAGE OFFICE, P.O. NELLIKKODE, KOZHIKODE
DISTRICT, PIN - 673004
4 THE THAHSILDAR
KOZHIKKODE TALUK, CIVIL STATION, KOZHIKKODE,, PIN -
WP(C) NO. 9164 OF 2026 2
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673020
OTHER PRESENT:
SMT.DEEPA V,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.04.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 9164 OF 2026 3
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P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C) No. 9164 of 2026
--------------------------------------
Dated this the 6th day of April, 2026
JUDGMENT
The above writ petition is filed with following prayers :
i) " issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to consider and dispose Ext. P5 within a time frame to be specified by this Hon'ble Court;
ii) dispense with the English translation of the documents in vernacular, produced along with this writ petition; and to
iii) grant such other relief this Hon'ble Court deems fit and proper in the peculiar facts and circumstances of the case, including the costs incurred by the petitioner in this proceedings. " [sic]
2. When this writ petition came up for
consideration, the learned counsel for the petitioner submitted
2026:KER:30147
that he will be satisfied if a direction is issued to consider
Ext.P5 application submitted in Form 6 under Kerala
Conservation of Paddy Land and Wetland Rules, 2008.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I think that prayer
can be allowed.
Therefore, this writ petition is disposed of with the
following directions:
1. The 3rd respondent is directed to submit the necessary report
based on the Ext.P5 application to the 2nd
respondent/Authorised Officer, 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 2nd respondent/Authorised Officer is directed to consider
Ext. P5 application (if it is pending and if it is in order) based
on the report received from the 3rd respondent, as
expeditiously as possible, at any rate, within a period of one
month from the date of receipt of the report.
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3. The petitioner will produce a certified copy of this judgment,
along with a copy of this Writ Petition with exhibits, before the
2nd and 3rd respondents for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 06/04/2026
Judgment dictated 06/04/2026
Draft judgment placed 06/04/2026
Final judgment uploaded 06/04/2026
2026:KER:30147
APPENDIX OF WP(C) NO. 9164 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGISTERED CONVEYANCE DEED NO. 1983 OF 2014 DATED 09.05.2014 Exhibit P2 A TRUE COPY OF THE BASIC LAND TAX RECEIPT NO. KL11013604776/2025 DATED 23.04.2025 ISSUED BY THE VILLAGE OFFICER, NELLIKKODE, IN RESPECT OF THE PROPERTY COVERED BY EXT. P1 FOR THE YEAR 2025-2026 Exhibit P3 TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT NATURE OF EXT. P1 PROPERTY Exhibit P3(a) TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT NATURE OF EXT. P1 PROPERTY Exhibit P3(b) TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT NATURE OF EXT. P1 PROPERTY Exhibit P3(c) TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT NATURE OF EXT. P1 PROPERTY Exhibit P3(d) TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT NATURE OF EXT. P1 PROPERTY Exhibit P3(e) TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT NATURE OF EXT. P1 PROPERTY Exhibit P3(f) TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT NATURE OF EXT. P1 PROPERTY Exhibit P3(g) TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT NATURE OF EXT. P1 PROPERTY Exhibit P3(h) TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT NATURE OF EXT. P1 PROPERTY Exhibit P4 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK SPECIFYING WETLANDS AND CULTIVABLE PADDY LANDS IN NELLIKKODE VILLAGE Exhibit P5 A TRUE COPY OF THE FORM-6 APPLICATION DATED 30.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
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