Citation : 2026 Latest Caselaw 254 Ker
Judgement Date : 12 January, 2026
2026:KER:1731
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 12TH DAY OF JANUARY 2026 / 22ND POUSHA, 1947
WP(C) NO. 1044 OF 2026
PETITIONER/S:
1 MARSY VARGHEESE
AGED 71 YEARS
W/O. THOMAS VARGHESE, HOUSE NO.35/216,
EBNIZER COTTAGE, PALARIVATTOM P.O.,
ERNAKULAM DISTRICT, PIN - 682025
2 BIBI THOMAS VARGHEESE
AGED 50 YEARS
S/O. THOMAS VARGHESE, HOUSE NO. 35/216,
EBNIZER COTTAGE, PALARIVATTOM P.O.,
ERNAKULAM DISTRICT, PIN - 682025
BY ADVS.
SHRI.V.N.HARIDAS
SHRI.SAIFUDEEN T.S
SMT.B.SHAMEERA
SMT.NIMISHAMOL SASIDHARAN
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI, REVENUE DIVISIONAL OFFICE,
FIRST FLOOR, KB JACOB ROAD, FORT KOCHI,
KOCHI, PIN - 682001
2 THE DEPUTY COLLECTOR (R.R.)
COLLECTORATE, KAKKANAD, ERNAKULAM,
PIN - 682030
3 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER,
KRISHI BHAVAN, NEDUMBASSERY,
2026:KER:1731
WP(C) NO.1044 OF 2026
2
MEKKAD P.O., ERNAKULAM DISTRICT,
PIN - 683589
4 THE AGRICULTURAL OFFICER
NEDUMBASSERY KRISHI BHAVAN,
MEKKAD P.O.,
ERNAKULAM DISTRICT,
PIN - 683589
5 THE VILLAGE OFFICER
NEDUMBASSERY VILLAGE OFFICE,
MEKKAD, NEDUMBASSERY, ANGAMALY,
ERNAKULAM DISTRICT,
PIN - 683589
GP SMT DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:1731
WP(C) NO.1044 OF 2026
3
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.1044 of 2026
-------------------------------
Dated this the 12th day of January, 2026
JUDGMENT
This Writ Petition (C) is filed seeking the following prayers:
"i) To issue a Writ of mandamus or any other appropriate writ or order, or direction directing the 1st respondent or any officer authorised under the 1st respondent to consider and pass an order in Exts.P5 and P7 Form 6 applications submitted by the petitioners as expeditiously as possible within a time period fixed by this Hon'ble Court;
ii) Dispense with the production of translation of vernacular documents;
iii) To grant such other and further reliefs as are just, proper, and necessary in the facts and circumstances of the case."
[SIC]
2. The main prayer in this Writ Petition is to
consider Exts.P5 & P7 Form - 6 applications filed by the petitioners
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 petitioners and
the learned Government Pleader.
2026:KER:1731 WP(C) NO.1044 OF 2026
4. After hearing both sides, I think there can be a
direction to consider Exts.P5 & P7 within a time frame.
Therefore, this Writ Petition (C) is disposed of in the
following manner:
1. The 5th respondent is directed to submit the
necessary report based on the Exts.P5 & P7
applications to the 1st respondent/Authorised
Officer within a period of one month from the
date of receipt of a certified copy of this
judgment.
2. The 1st respondent/Authorised Officer is directed
to consider the Exts.P5 & P7 applications (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 1st respondent is free to
pass appropriate orders in accordance with the
law.
2026:KER:1731 WP(C) NO.1044 OF 2026
3. The petitioners will produce a certified copy of
this judgment, along with a copy of this Writ
Petition with exhibits, before the 1st and 5th
respondents for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
Judgment reserved NA
Date of judgment 12.01.2026
Judgment dictated 12.01.2026 Draft Judgment Placed 13.01.2026 Final Judgment Uploaded 13.01.2026 2026:KER:1731 WP(C) NO.1044 OF 2026
APPENDIX OF WP(C) NO. 1044 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 07.06.2023 ISSUED FROM THE VILLAGE OFFICE, NEDUMBASSERY, TO THE 1ST PETITIONER Exhibit P2 A TRUE COPY OF THE TAX RECEIPT DATED 07.06.2023 ISSUED FROM THE VILLAGE OFFICE, NEDUMBASSERY, TO THE 2ND PETITIONER Exhibit P3 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 04.12.2025, ALLOWING THE FORM 5 APPLICATION SUBMITTED BY THE 1ST PETITIONER Exhibit P4 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 04.12.2025, ALLOWING THE FORM 5 APPLICATION SUBMITTED BY THE 2ND PETITIONER Exhibit P5 A TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE 1ST PETITIONER THROUGH ONLINE DATED 15.12.2025 Exhibit P6 A TRUE COPY OF THE RECEIPT ISSUED BY THE VILLAGE OFFICE, NEDUMBASSERY TO THE 1ST PETITIONER, DATED 15.12.2025, EVIDENCING PAYMENT OF THE FEE BY THE 1ST PETITIONER Exhibit P7 A TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT ON 15.12.2025 Exhibit P8 A TRUE COPY OF THE FEE PAYMENT RECEIPT OF THE 2ND PETITIONER DATED 15.12.2025 Exhibit P9 A TRUE COPY OF THE PRINTOUT OF THE APPLICATION STATUS OF BOTH APPLICATIONS, TAKEN FROM THE REVENUE DEPARTMENT SITE
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