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Kerala High Court
Mrs Leena George vs State Of Kerala on 5 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.26594 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 5TH DAY OF JANUARY 2026 / 15TH POUSHA, 1947
WP(C) NO. 26594 OF 2025
PETITIONER(S):
MRS LEENA GEORGE
AGED 73 YEARS, W/O GEORGE, THACHUTHARA HOUSE, BTS
ROAD, EDAPALLY PO, PIN - 682024
BY ADVS.
SMT.P.SAREENA GEORGE
SMT.AVILA VICTORIA
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
GOVT SECRETERIATE THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
OFFICE AT FIRST FLOOR, K B JACOB ROAD, FORT KOCHI,
KOCHI, PIN - 682002
3 THE DEPUTY COLLECTOR(R R)
FOR KANAYANNUR TALUK OFFICE AT COLLECTORATE, CIVIL
STATION, ERNAKULAM., PIN - 682031
4 THE TAHSILDAR
KANAYANNUR TALUK OFFICE, PARK AVENUE ERNAKULAM,
KOCHI, PIN - 682011
5 THE VILLAGE OFFICER
EDAPALLY NORTH VILLAGE, OFFICE AT PONEKKARA ROAD,
EDAPALLY, KOCHI, PIN - 682024
W.P.(C) No.26594 of 2025
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6 AGRICULTURE OFFICER
AGRICULTURE OFFICER, KRISHI BHAVAN, VYTTILA,
PIN - 682019
BY ADV.:
GP, SRI K JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.26594 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.26594 of 2025
------------------------------------------------------
Dated this the 05th day of January, 2026
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"i) issue a writ of mandamus or other appropriate writ, order or
direction, directing the 2nd and 3rd respondents to consider and
pass orders on Exhibit P3 Form 5 application of the petitioner
after affording an opportunity of being heard to the petitioner
within a time limit fixed by this Hon'ble Court;
ii) issue a writ of mandamus or other appropriate writ, order or
direction, directing the respondents to remove petitioner's
property from data bank.
iii) Declare that the total of 7.56 Ares of land lying in Survey No.
39/5 of Edapally North Village in Kanayannur Taluk, Ernakulam
District is not a paddy land.
iv) Dispense with the translation of vernacular documents.
v) Issue such other appropriate writ, order or direction which this
Hon'ble Court may deem fit in the circumstances of the case."
[SIC]
2. When this writ petition came up for consideration
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on 31.07.2025, this Court passed the following order:
"The petitioner to file an affidavit explaining the reason why
she has reduced the extent of land in the Form 5 application
when she has actually in possession of 9.55 Ares as
evidenced from Ext.P1 land tax receipt."
3. An additional document is produced by the
petitioner in I.A. No.1/2025. In the affidavit filed along with
the same, the petitioner stated like this:
"The petitioner had originally submitted a Form 5 application
for an extent of 7.56 Ares. However, upon remeasuring the
land and obtaining the revised sketch of the property, it was
ascertained that the petitioner is presently in possession of
only 6.56 Ares. Subsequently, the petitioner has carried out
the necessary corrections regarding the total extent of the
property in all relevant revenue records and has accordingly
made necessary change in the Form 5 application. A true
copy of the corrected tax receipt relating to the said extent
of land in the name of the petitioner issued by the 5th
respondent dated 14/6/2025 is produced herewith and
marked as additional Exhibit P4. A true copy of the
possession certificate issued by the 5th respondent dated
26/09/2025 is hereby produced and marked as additional
Exhibit P5. A true copy of the corrected Form 5 application
bearing No.1/2025/1713118 dated 12.11.2025 is produced
herewith and marked as additional Exhibit P6."
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4. In the light of the same, there can be a direction
to consider Ext.P6 Form 5 application, within a time frame.
Therefore, this Writ Petition is disposed of with the
following directions:
1. The 6th respondent is directed to submit the
necessary report based on Ext.P6 Form-5
application to the 3 rd 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 3rd respondent / Authorised Officer is
directed to consider Ext.P6 Form-5
application (if it is pending and if it is in
order) based on the report received from
the 6th respondent, as expeditiously as
possible, at any rate, within a period of four
months 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 3rd
and 6th respondents for compliance.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 05.01.2026
Judgment dictated 05.01.2026
Draft Judgment placed 06.01.2026
Final Judgment uploaded 07 .01.2026
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APPENDIX OF WP(C) NO. 26594 OF 2025
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE BASIC TAX RECEIPT
DATED 14-6-2025 ISSUED BY THE 5TH
RESPONDENT
Exhibit P-2 A TRUE COPY OF POSSESSION CERTIFICATE
DATED 17-6-25 ISSUED BY 5TH RESPONDENT
Exhibit P3 A TRUE COPY OF THE APPLICATION IN FORM
06-25 SUBMITTED BY THE PETITIONER
Exhibit P4 A TRUE COPY OF THE CORRECTED TAX
RECEIPT RELATING TO THE SAID EXTENT OF
LAND IN THE NAME OF THE PETITIONER
ISSUED BY THE 5TH RESPONDENT DATED
14/6/2025
Exhibit P5 A TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE 5TH
RESPONDENT DATED 26/09/2025
Exhibit P6 A TRUE COPY OF THE CORRECTED FORM 5
APPLICATION BEARING NO. 1/2025/1713118
DATED 12.11.2025
