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Tom Thomas vs State Of Kerala
2026 Latest Caselaw 376 Ker

Citation : 2026 Latest Caselaw 376 Ker
Judgement Date : 15 January, 2026

[Cites 0, Cited by 0]

Kerala High Court

Tom Thomas vs State Of Kerala on 15 January, 2026

Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
                                                  2026:KER:3239
WP(C) NO. 1408 OF 2026

                                   1


            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

  THURSDAY, THE 15TH DAY OF JANUARY 2026 / 25TH POUSHA, 1947

                         WP(C) NO. 1408 OF 2026

PETITIONER:

            TOM THOMAS
            AGED 67 YEARS
            S/O KALLARACKAL PAPPY THOMAS (LATE),
            KALLARACKAL HOUSE, THATTAMPALLY P.O.,
            ALAPPUZHA - 688 013, REPRESENTED BY HIS POWER OF
            ATTORNEY HOLDER, VARGHESE CHERIAN,
            AGED 74 YEARS, S/O VARGHESE V J,
            VALLAVANTHARA HOUSE, THRIKKAKARA P.O.,
            ERNAKULAM DISTRICT, PIN - 682021


            BY ADVS.
            SRI.AVANEESH KOYIKKARA
            SMT.MANJUSHA K.U.
            SHRI.ASHWIN SUNIL KUMAR
            SHRI.FELIX JOHN




RESPONDENTS:

     1      STATE OF KERALA
            REPRESENTED BY ITS SECRETARY,
            REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695001

     2      DISTRICT COLLECTOR THRISSUR
            THRISSUR COLLECTORATE, CIVIL STATION,
            AYYANTHOLE POST, THRISSUR DIST., PIN - 680003
                                                              2026:KER:3239
WP(C) NO. 1408 OF 2026

                                      2


     3       SUB COLLECTOR/ REVENUE DIVISIONAL OFFICER THRISSUR
             REVENUE DIVISIONAL OFFICE, THRISSUR,
             AYYANTHOLE POST, THRISSUR DIST., PIN - 680003

     4       TAHSILDAR CHAVAKKAD
             TALUK OFFICE, CHAVAKKAD, OPP. SUB JAIL,
             CHAVAKKAD, CHAVAKKAD POST,
             THRISSUR DIST., PIN - 680506

     5       VILLAGE OFFICER BRAHMAKULAM
             VILLAGE OFFICE, BRAHMAKULAM,
             KIZHAKKETHALA, CHITTATTUKARA POST,
             THRISSUR DIST., PIN - 680511

     6       AGRICULTURAL OFFICER ELAVALLY
             KRISHI BHAVAN, ELAVALLY, KIZHAKKETHALA,
             CHITTATTUKARA POST, THRISSUR DIST., PIN - 680511


             BY GP SMT DEEPA V


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.01.2026,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                              2026:KER:3239
WP(C) NO. 1408 OF 2026

                                        3




                        P.V.KUNHIKRISHNAN, J
                        --------------------------------
                       W.P(C) No. 1408 of 2026
                         -------------------------------
                Dated this the 15th day of January, 2026

                                   JUDGMENT

The above Writ Petition (C) is filed with the following

prayers:

"i. To issue a writ of mandamus or any other appropriate writ, order, or direction, commanding the 3rd respondent to consider and pass appropriate orders in Exhibit P5, Exhibit P5(a), the Form 7 applications for change of nature of unnotified land, after strictly following the procedures prescribed in law, within a time frame of two months or such period as this Hon'ble Court may fix; ii. Pass any other orders or directions that this Hon'ble Court may deem fit and proper in the interest of Justice;

iii. Dispense with the translation of the documents produced in the vernacular language; And iv. Award cost."

[SIC]

2. When this Writ Petition came up for consideration,

the learned counsel appearing for the petitioner submitted that the

petitioner will be satisfied if a direction is issued to consider Exts.

P5 & P5(a) Form -7 applications within a time frame.

3. Heard the learned counsel for the petitioner and 2026:KER:3239 WP(C) NO. 1408 OF 2026

the learned Government Pleader.

4. After hearing both sides, I think there can be a

direction to consider Exts. P5 & P5(a) applications within a time

frame.

Therefore, this Writ Petition is disposed of in the following

manner:

1. The 5th & 6th respondents are directed to submit

the necessary report based on the Exts. P5 &

P5(a) applications to the 3rd

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 Exts. P5 & P5(a) applications (if it is

pending and if it is in order) based on the report

received from the 5th & 6th respondents, as

expeditiously as possible, at any rate, within a

period of three months from the date of receipt of

the report.

3. The petitioner will produce a certified copy of this 2026:KER:3239 WP(C) NO. 1408 OF 2026

judgment, along with a copy of this Writ Petition

with exhibits, before the 3rd, 5th and 6th

respondents for compliance.

Sd/-


                                              P.V.KUNHIKRISHNAN
                                                     JUDGE

SPV

 Judgment reserved             NA
 Date of judgment          15.01.2026
 Judgment dictated         15.01.2026
 Draft Judgment Placed     15.01.2026

Final Judgment Uploaded 16.01.2026 2026:KER:3239 WP(C) NO. 1408 OF 2026

APPENDIX OF WP(C) NO. 1408 OF 2026

PETITIONER EXHIBITS

EXHIBIT P1 A COPY OF THE LAND TAX RECEIPT DATED 14.05.2025 ISSUED BY THE BRAHMAKULAM VILLAGE OFFICER EXHIBIT P2 A COPY OF SALE DEED NO. 2636/2007 OF THE CHAVAKKAD SUB REGISTRY OFFICE DATED 25.10.2007 EXHIBIT P2(A) A COPY OF SALE DEED NO. 2638/2007 OF THE CHAVAKKAD SUB REGISTRY OFFICE DATED 26.10.2007 EXHIBIT P3 A COPY OF THE RELEVANT PAGE OF THE DATA BANK PUBLISHED ON 15.09.2021 EXHIBIT P4 THE TRUE COPY OF THE ORDER NO. 1381/2025 DATED 01.07.2025 ISSUED BY THE 3RD RESPONDENT EXHIBIT P5 A COPY OF FORM 7 APPLICATION NO.

48/2025/392046, DATED 21.10.2025, IN SY. NOS. 116/3, 116/6A-5 AND 116/6B-1 FOR AN EXTENT OF 22 ARES 11 SQ. MTRS., ALONG WITH THE FEE RECEIPT EXHIBIT P5(A) A COPY OF FORM 7 APPLICATION NO.

51/2025/392046, DATED 21.10.2025, IN SY. NOS. 116/1, 116/2-1 AND 116/3-1 FOR AN EXTENT OF 22 ARES 9 SQ. MTRS., ALONG WITH THE FEE RECEIPT

 
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