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Kerala High Court
Viswanathan Pr vs The District Collector on 20 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO.47738 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947
WP(C) NO. 47738 OF 2025
PETITIONER/S:
VISWANATHAN PR
AGED 74 YEARS
S/O RAMANKUTTY, PLAVALAPPIL HOUSE, MULLOORKKARA
PO, TALAPPILLY TALUK, THRISSUR DISTRICT,
PIN - 680524
BY ADVS.
SRI.SHOBY K.FRANCIS
SHRI.THOMAS C.K.
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
COLLECORATE, CIVIL LANE, AYYANTHOLE P O,
THRISSUR, PIN - 680003
2 REVENUE DIVISIONAL OFFICER [RDO]/SUB - COLLECTOR,
OFFICE OF THE RDO, AYYANTHOLE PO, COLLECTORATE,
THRISSUR, PIN - 680003
3 DEPUTY COLLECTOR RR/ AUTHORISED OFFICER
COLLECTORATE, AYYANTHOLE PO, THRISSUR,
PIN - 680003
4 TAHSILDAR [LAND RECORDS]
THALAPPILY TALUK, MINI CIVIL STATION,
WADAKANCHERY P.O., THRISSUR DT., PIN - 680582
5 VILLAGE OFFICER
MULLOORKKARA VILLAGE, TALAPPILLY TALUK,
MULLOORKKARA PO, THRISSUR DT, PIN - 680583
6 AGRICULTURAL OFFICER
WP(C) NO.47738 OF 2025
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KRISHI BHAVAN, MULLOORKARA PO, THRISSUR DT.,
PIN - 680583
BY ADV.
GP - SMT. DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.47738 OF 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) No. 47738 of 2025
-------------------------------
Dated this the 20th day of January, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
"(I). Issue a writ of Certiorari and quash
Exhibit P-3 Order passed by the 2nd respondent.
(II). Issue a Writ of mandamus directing the
1st respondent to consider and pass orders on the
Exhibit P-4 Appeal filed by the petitioner within in
a time limit after hearing the petitioner and after
condone the delay in filing the appeal.
(III). Issue a Writ of mandamus directing
respondents 1 to 3 to allow Exhibit P-2 application
submitted by the petitioner in Form No. 6 to
change the status of the property as dry land or
purayidom in the Basic Tax Register [ BTR] and in
the revenue records within a time limit.
(IV) Issue a Writ OF Mandamus or Direction
to the respondents to defer the implementation of
the Exhibit P-3 order passed by the 2 nd respondent
till the 1st respondent takes a final decision on
Exhibit P-4 appeal.
(V) To dispense with the filing of translation
of vernacular documents AND
(VI). Issue such other relief this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case."
[SIC]
WP(C) NO.47738 OF 2025
2026:KER:4955
2. Aggrieved by Ext.P3 order, the petitioner filed Ext.P4
appeal before the 1st respondent. The grievance of the petitioner
is that, Ext.P4 appeal is not considered, and in the meanwhile,
the authorities are taking steps to include the petitioner's
property in the data bank based on Ext.P3 order. Hence this Writ
Petition is filed.
3. Heard the learned counsel appearing for the
petitioner and the learned Government Pleader.
4. Considering the facts and circumstances of the case, I
think there can be a direction to the 1st respondent to consider
Ext.P4 appeal, and till then further proceedings based on Ext.P3
can be kept in abeyance. If there is any delay in filing Ext.P4
appeal, the same should be condoned in the light of the principle
laid down by this Court in Udayan Vasudevan v. District
Collector, Trivandrum [2025 (2) KHC 103].
Therefore, this Writ Petition is disposed of in the following
manner:
1. The 1st respondent is directed to consider and
pass appropriate orders in Ext.P4, after giving
an opportunity of hearing to the petitioner, as
expeditiously as possible, at any rate, within a
period of three months from the date of receipt
of a certified copy of this judgment, after
WP(C) NO.47738 OF 2025
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condoning the delay in filing the appeal in the
light of the principle laid down by this Court in
Udayan Vasudevan's case (supra).
2. Till final orders are passed in Ext.P4 appeal, the
direction in Ext.P3 to include the petitioner's
property in the data bank shall be kept in
abeyance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Judgment reserved NA
Date of judgment 20.01.2026
Judgment dictated 20.01.2026
Draft Judgment Placed 21.01.2026
Final Judgment Uploaded 22.01.2026
WP(C) NO.47738 OF 2025
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APPENDIX OF WP(C) NO. 47738 OF 2025
PETITIONER EXHIBITS
EXHIBIT P-1 A TRUE COPY OF THE BASIC TAX RECEIPT
DATED 20-7-2021 ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER
EXHIBIT P-2 A TRUE COPY OF THE FORM NO.6 DATED 29-4-
2022 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT
EXHIBIT P-3 A TRUE COPY OF THE ORDER DARE 30-6-2023
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
EXHIBIT P-4 A TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER DATED 8-12-2025 AGAINST THE
EXHIBIT P-3 ORDER BEFORE THE 1ST
RESPONDENT
EXHIBIT P-5 A TRUE COPY OF THE DELAY PETITION FILED
BY THE PETITIONER DATED 8-12-2025 ALONG
WITH THE EXHIBIT P-4 APPEAL BEFORE THE
1ST RESPONDENT
EXHIBIT P-6 A TRUE COPY OF THE CHALAN RECEIPT DATED
9-12-2025
EXHIBIT P-7 A TRUE COPY OF THE RECEIPT DATED 9-12-
2025 ISSUED TO THE PETITIONER BY THE
OFFICE OF THE 1ST RESPONDENT
EXHIBIT P-8 A TRUE COPY OF THE PACE MAKER INSERTION
REPORT DATED 11-11-2020 ISSUED BY THE
CARDIOLOGIST TO THE PETITIONER
