Citation : 2026 Latest Caselaw 377 Ker
Judgement Date : 15 January, 2026
2026:KER:3263
WP(C) NO. 1409 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. 1409 OF 2026
PETITIONER:
T P TOMY
AGED 63 YEARS
S/O. POULOSE, THALIYATHU HOUSE,
DOOR NO. 28/1406, K P VALLON ROAD,
KADAVANTHRA DESOM, KADAVANTHRA P.O.,
ERNAKULAM DISTRICT, KERALA, PIN - 682020
BY ADVS.
SHRI.SHERRY J. THOMAS
SRI.JOEMON ANTONY
SRI.RENISH RAVEENDRAN
SHRI.ANTONY NILTON REMELO
SMT.ANJANA P.V.
RESPONDENTS:
1 THE DISTRICT COLLECTOR ERNAKULAM
COLLECTORATE, CIVIL STATION,
KAKKANAD P.O., ERNAKULAM DISTRICT,
KERALA, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER FORT KOCHI/SUB
COLLECTOR
REVENUE DIVISIONAL OFFICE, K B JACOB ROAD,
FORT KOCHI, ERNAKULAM DISTRICT, KERALA,
PIN - 682001
3 THE DEPUTY COLLECTOR (RR)
2026:KER:3263
WP(C) NO. 1409 OF 2026
2
COLLECTORATE, CIVIL STATION, KAKKANAD P.O.,
ERNAKULAM DISTRICT, KERALA, PIN - 682030
4 THE TAHSILDAR (LR)
KANAYANNOOR TALUK OFFICE, PARK AVENUE,
NEAR SUBHASH PARK, MARINE DRIVE, KOCHI,
KERALA, PIN - 682011
5 THE VILLAGE OFFICER
KAKKANAD VILLAGE OFFICE, THRIKKAKKARA,
KAKKANAD, KOCHI, KERALA, PIN - 682030
6 THE AGRICULTURAL OFFICER
KRISHIBHAVAN, THRIKKAKKARA, KUNNUMPURAM,
THRIKKAKKARA, KAKKANAD, KERALA,
PIN - 682030
7 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY THE AGRICULTURAL OFFICER,
KRISHIBHAVAN, THRIKKAKKARA, KUNNUMPURAM,
THRIKKAKKARA, KAKKANAD, KERALA,
PIN - 682030
BY SR GP SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:3263
WP(C) NO. 1409 OF 2026
3
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) No. 1409 of 2026
-------------------------------
Dated this the 15th day of January, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
"i) Call for the records pertaining to Ext P1 application submitted by the petitioner to the 2nd respondent RDO.
ii) Issue a writ of mandamus, any other writ, appropriate order directing the 6th Respondent to submit a fresh report and direct the 2nd Respondent or 3rd respondent to pass orders on Exhibit P1 Form 5 application within a time frame and also in accordance with the Exhibit P2, KSREC report.
iii) Issue a writ of mandamus, any other writ, appropriate order directing the 6th Respondent to complete the proceedings on Exhibit P2 application submitted by the petitioner within a time frame and forward the same to the 2nd Respondent or 3rd respondent.
iv) Petitioner also prays that this Honourable Court may be pleased to dispense with the translation of the vernacular documents produced in the vernacular language.
v) Such other relief's that this Honourable Court 2026:KER:3263 WP(C) NO. 1409 OF 2026
may deem fit and proper to grant, in the interest of justice.
vi) Provide cost of the proceedings."
[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 Ext. P1 Form - 5 application within a time frame.
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.P1 application within a time frame.
Therefore, this Writ Petition is disposed of in the following
manner:
1. The 6th respondent is directed to submit the
necessary report based on the Ext. P1 application
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 Ext. P1 application (if it is pending and
if it is in order) based on the report received from 2026:KER:3263 WP(C) NO. 1409 OF 2026
the 6 th respondent, as expeditiously as possible,
at any rate, within a period of one month from the
date of receipt of the report.
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
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:3263
WP(C) NO. 1409 OF 2026
APPENDIX OF WP(C) NO. 1409 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE FORM 5 APPLICATION DATED 23-08-2022 EXHIBIT P2 THE TRUE COPY OF THE KSREC REPORT DATED 08-06-2023 EXHIBIT P3 THE TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 27-10-2023 EXHIBIT P4 THE TRUE COPY OF THE SCREENSHOT DATED 28- 10-2023
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