Ashraf Represented By His Power Of ... vs The District Collector Malappuram
2026 Latest Caselaw 175 Ker

Kerala High Court

Ashraf Represented By His Power Of ... vs The District Collector Malappuram on 8 January, 2026

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

W.P.(C) No.372 of 2026
                                                          2026:KER:1425




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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

    THURSDAY, THE 8TH DAY OF JANUARY 2026 / 18TH POUSHA, 1947

                         WP(C) NO. 372 OF 2026


PETITIONER(S):

              ASHRAF REPRESENTED BY HIS POWER OF ATTORNEY
              HOLDER NOUSHAD ALI
              AGED 64 YEARS, S/O. MAHMOOD, PANIKKAVEETTIL
              KURUPPPATH HOUSE, CHAVAKKAD P.O., THRISSUR,
              KERALA,REPRESNTED BY HIS POWER OF ATTORNEY OF
              HOLDER, AGED 63 YEARS, S/O HAMZA,BISMI HOUSE, NEAR
              PALLIKKADAVU,PONNANI,MALAPPURAM,KERALA, PIN - 679583


              BY ADVS.
              SHRI.SHERRY J. THOMAS
              SRI.JOEMON ANTONY
              SRI.RENISH RAVEENDRAN
              SHRI.ANTONY NILTON REMELO
              SMT.ANJANA P.V.


RESPONDENT(S):

      1       THE DISTRICT COLLECTOR MALAPPURAM
              COLLECTORATE ROAD, UPHILL MALAPPURAM, KERALA,
              PIN - 676505

      2       THE REVENUE DIVISIONAL OFFICER /SUB COLLECTOR
              REVENUE DIVISIONAL OFFICE TIRUR, TIRUR -
              THRIKKANDIYOOR ROAD, TIRUR, KERALA, PIN - 676101

      3       THE TAHSILDAR (LR)
              TIRUR TALUK OFFICE, TIRUR MINI CIVIL STATION
              BUILDING, TIRUR, MALAPPURAM, KERALA, PIN - 676101
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      4       THE VILLAGE OFFICER
              TIRUR VILLAGE OFFICE, CHEMBRA,TIRUR, MALAPPURAM,
              KERALA, PIN - 676101

      5       THE AGRICULTURAL OFFICER
              KRISHI BHAVAN TIRUR, THRIKKANDIYOOR P.O, TIRUR,
              MALAPURAM DISTRICT, PIN - 676104

      6       THE LOCAL LEVEL MONITORING COMMITTEE
              REPRESENTED BY THE AGRICULTURAL OFFICER, KRISHI
              BHAVAN TIRUR, THRIKKANDIYOOR P.O, TIRUR, MALAPURAM
              DISTRICT, PIN - 676104


BY ADV.:

              GP, SMT DEEPA V


          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.01.2026,         THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
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                        P.V.KUNHIKRISHNAN, J.
                 ---------------------------------------------
                        W.P.(C) No.372 of 2026
             ------------------------------------------------------
               Dated this the 08th day of January, 2026


                              JUDGMENT

This writ petition is filed seeking the following

reliefs:

"i) Call for the records pertaining to Ext P5 application submitted by the petitioner.

ii) Issue a writ of mandamus, any other writ, appropriate order directing the 4th Respondent to file report and complete the proceedings in connection with Exhibit P5 within a time frame.

iii) Issue a writ of mandamus, any other writ, appropriate order directing the 2nd Respondent to complete the process in Exhibit P5 application (Form 6) on the basis of obtaining all necessary inputs within a time frame.

iv) This Honourable Court may be pleased to dispense with the translation of the vernacular documents produced in the vernacular language

v) Provide cost of the proceedings" [SIC]

2. The main prayer in this Writ Petition is to

consider Ext.P5 Form-6 application filed by the petitioner

under Section 27A read with Rule 12(1) of the Kerala

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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.P5 within a time frame.

Therefore, this Writ Petition(C) is disposed of in the

following manner:

1. The 4th respondent is directed to submit the

necessary report based on Ext.P5 Form-6

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 Ext.P5 Form-6 application

(if it is pending and if it is in order) based on

the report received from the 4th respondent,

as expeditiously as possible, at any rate,

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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, before the 2nd and 4th

respondents for compliance.

Sd/-

                                         P.V.KUNHIKRISHNAN,
                                                   JUDGE
nvj

    Judgment reserved          NA
     Date of judgment      08.01.2026
    Judgment dictated      08.01.2026
  Draft Judgment Placed    09.01.2026

Final Judgment Uploaded 12.01.2026

2026:KER:1425

APPENDIX OF WP(C) NO. 372 OF 2026

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 4TH RESPONDENT OFFICE DATED 18-10-2025 Exhibit P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 4TH RESPONDENT OFFICE DATED 13-06-2025 Exhibit P3 THE TRUE COPY OF THE JUDGMENT IN W P (C) NO. 154/2025 DATED 05-08-2025 Exhibit P4 THE TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 19-09-2025 Exhibit P5 THE TRUE COPY OF THE FORM 6 APPLICATION DATED 18-10-2025 Exhibit P6 THE TRUE COPY OF THE RECEIPT DATED 18- 10-2025