Citation : 2026 Latest Caselaw 2714 Ker
Judgement Date : 8 April, 2026
WP(C) NO. 13490 OF 2026 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
WP(C) NO. 13490 OF 2026
PETITIONER/S:
S.MANI NAIR
AGED 59 YEARS
S/O SETHUMADHAVAN NAIR, NADAKKAVIL, SREE SAI
BHAVAN, THIRUVILWAMALA, KANIYARKODE, THRISSUR
DISTRICT, PIN - 680588
BY ADV SMT.M.R.JAYALATHA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 REVENUE DIVISIONAL OFFICER
THE OFFICE OF THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003
3 DEPUTY COLLECTOR (LR)
THALAPPILLY TALUK, THRISSUR DISTRICT,, PIN -
680582
4 AGRICULTURE OFFICER
KRISHI BHAVAN, THALAPPILLY , THRISSUR DISTRICT,
PIN - 680582
5 THE VILLAGE OFFICER
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KANIYARKODE VILLAGE, THIRUVILWAMALA. P.O, THRISSUR
DISTRICT, PIN - 680582
OTHER PRESENT:
GP SMT DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.04.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 13490 OF 2026 3
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P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C) No. 13490 of 2026
--------------------------------------
Dated this the 8th day of April, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
"i) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 2nd respondent to consider and pass orders on Exhibit P3 Form 6 application filed by the petitioner , after conducting a site inspection in the light of the law laid down by this Honourable Court in Adani Infrastructure & Developers Pvt Ltd V. State Of Kerala [2015[1] KLT 651] , after affording an opportunity of being heard to the petitioner, within a time limit fixed by this Hon'ble Court;
ii) Declare that the property having an extent of 6 Ares 46 sq meter of land lying in Sy No. 890/2-6 (old Sy No.890) in Block No. 77 of Kaniyarkode Village in Thalappilly Taluk Thrissur District is a dry land and the property has been erroneously included in the Data Bank as paddy
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land.
iii) Issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case.
iv) Dispense with production of filing of translation of vernacular documents. " [sic]
2. The main prayer in this Writ Petition is to
consider Ext.P3 Form - 6 application filed by the petitioner
under 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).
3. Heard the learned counsel for the petitioner
and the learned Government Pleader.
4. After hearing both sides, I think there can be
a direction to consider Ext.P3 within a time frame.
Therefore, this Writ Petition is disposed of in the
following manner:
1. The 5th respondent is directed to
submit the necessary report based on the
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Ext. P3 application to the 2nd
respondent/Authorised Officer 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 the Ext.P3
application (if it is pending and if it is in
order) based on the report received from the
5th respondent, as expeditiously as possible,
at any rate, within a period of four months
from the date of receipt of the report. I make
it clear that the 2nd respondent is free to
pass appropriate orders in accordance with
the law.
3. The petitioner will produce a
certified copy of this judgment, along with a
copy of this Writ Petition with exhibits,
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before the 2nd and 5th respondents for
compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 08/04/2026
Judgment dictated 08/04/2026
Draft judgment placed 08/04/2026
Final judgment uploaded 08/04/2026
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APPENDIX OF WP(C) NO. 13490 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DOCUMENT NO.
2408/2022 DATED 17.12.2022 OF SRO PAZHAYANNUR Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 30.10.2025 ISSUED BY KANIYARKODE VILLAGE OFFICER Exhibit P3 A TRUE COPY OF THE FORM 6 APPLICATION DATED 13.01.2026
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