[Cites 0, Cited by 0]
Kerala High Court
Achamma Chacko George vs State Of Kerala on 20 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO.48299 OF 2025
1
2026:KER:4958
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. 48299 OF 2025
PETITIONER/S:
ACHAMMA CHACKO GEORGE
AGED 90 YEARS
W/O.LATE CHACKO GEORGE, CHANGAETHARAIL HOUSE, LISIE
HOSPITAL ROAD, COCHIN, NOW RESIDING IRENE HOMES,
PUTHENCURZ, ERNAKULAM DISTRICT, REPRESENTED BY POWER
OF ATTORNEY HOLDER GEORGE CHACKO, AGED 66 YEASRS,
S/O.LATE CHACKO GEORGE, RSIDING AT CHANGAETHARAIL
HOUSE, LISIE HOSPITAL ROAD, COCHIN, PRESENTLY
RESIDING AT 43, EDGERIDGE WAY NW, CALGARI, ALBERTA,
T3A4H4, CANADA,
PIN - 682018
BY ADVS.
SRI.M.P.MATHEWS
SRI.N.ASHOK KUMAR
SHRI.ARJUN S.KURUPP
SMT.SEETHAL S.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 DISTRICT COLLECTOR, ERNAKULAM
CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030
3 THE REVENUE DIVISIONAL OFFICER (RDO)
OFFICE OF THE SUB COLLECTOR, FORT KOCHI KAKKANAD,
ERNAKULAM, PIN - 682030
4 DEPUTY COLLECTOR (REVENUE RECOVERY)
WP(C) NO.48299 OF 2025
2
2026:KER:4958
RDO, CIVIL STATION, KAKKANAD, ERNAKULAM,
PIN - 682030
5 THE LOCAL LEVEL MONITORING COMMITTEE (LLMC)
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
THRIKKAKKARA KRISHI BHAVAN, ERNAKULAM DISTRICT, PIN
- 682030
6 THE VILLAGE OFFICER
KAKKANAD VILLAGE, ERNAKULAM DISTRICT,
PIN - 682030
BY ADV. SR GP - SMT. VIDYA KURIAKOSE
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.48299 OF 2025
3
2026:KER:4958
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) No. 48299 of 2025
-------------------------------
Dated this the 20th day of January, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"a. Call for the entire records leading to Exhibit
P8 and P10 by the issuance of a writ of Certiorari or
any other appropriate writ, direction or order and
quash the Exhibit P.8 and P10 order of the 4 th
respondent to pay conversion charges, and to declare
that no conversion charges are payable for the 9.90
Ares (24.48 cents) of land as per the Government
Order dated 25th February 2021, in the Schedule
attached to Rule 12(9) of the Kerala Conservation of
Paddy Land & Wetland Rules.
b. Issue a writ of Mandamus or any other
appropriate writ, direction or order directing the 2nd
respondent to change the nature of land as purayidam
without insisting for conversion fees under Rule 12(9)
Kerala Conservation of Paddy Land & Wetland Rules
and schedule attached thereto, in the facts and
circumstances of the case."
[SIC]
2. The main prayer in this Writ Petition is against Exts.P8 and
P10, by which conversion charges were imposed for processing Form
- 6 application.
3. Heard the learned counsel appearing for the petitioner
WP(C) NO.48299 OF 2025
2026:KER:4958
and the learned Government Pleader.
4. There is no dispute to the fact that the point raised by the
petitioner is covered in favour of the petitioner in Revenue
Divisional Officer/Sub Collector v. Dr. A.V. Sajeev [2023 (5) KHC
242]. If that be the case, the impugned order can be set aside, and
the Form - 6 application can be directed to be processed.
Therefore, this Writ Petition is disposed of in the following
manner:
1. Ext.P8 is set aside.
2. The 4th respondent is directed to process the Form -
6 application submitted by the petitioner without
insisting for fee for the property in the light of the
principle laid down by this Court in Revenue
Divisional Officer/Sub Collector v. Dr. A.V.
Sajeev [2023 (5) KHC 242], as expeditiously as
possible, at any rate, within a period of two months
from the date of receipt of a certified copy of this
judgment.
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.48299 OF 2025
2026:KER:4958
APPENDIX OF WP(C) NO. 48299 OF 2025
PETITIONER EXHIBITS
EXHIBIT.P1 TRUE COPY OF THE SALE DEED REGISTERED AS
DOCUMENT NO. 526/1996 OF THRIKKAKKARA SRO
EXHIBIT.P2 TRUE COPY OF THE SALE DEED REGISTERED AS
DOCUMENT NO. 527/1996 OF THRIKKAKKARA SRO
EXHIBIT.P3 TRUE COPY OF THE DEATH CERTIFICATE OF THE
PETITIONERS HUSBAND CHACKO GEORGE ISSUED BY
THE REGISTRAR OF BIRTHS AND DEATHS,
AIKARANAD GRAMA PANCHAYAT
EXHIBIT.P4 TRUE COPY OF THE WILL REGISTERED AS DOCUMENT
NO 43/1992 DATED 21/02/1992 EXECUTED BY THE
HUSBAND OF THE PETITIONER CHACKO GEORGE IN
FAVOUR OF THE PETITIONER
EXHIBIT.P5 TRUE COPY OF THE REPORT DATED 10/02/2022,
SUBMITTED BY THE 5TH RESPONDENT AGRICULTURAL
OFFICER, ON THE RECOMMENDATION OF THE LOCAL
LEVEL MONITORING COMMITTEE
EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS OF THE SUB
COLLECTOR NO. K-28/15299/2022(2) DATED
12/07/2023, ALONG WITH THE ORDER IN FORM 5
EXHIBIT.P7 TRUE COPY OF THE FORM 6 APPLICATION FOR
CONVERSION OF 9.9 ARES (24.48 CENTS) OF LAND
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT
EXHIBIT P8 COPY OF THE LETTER NO. 6179/2024 DATED
01/02/2025 OF THE 4TH RESPONDENT DEPUTY
COLLECTOR
EXHIBIT.P9 TRUE COPY OF THE ACKNOWLEDGEMENT DATED
14/03/2025 FOR HAVING FILED THE APPEAL
EXHIBIT.P10 TRUE COPY OF THE LETTER NO. DCEKM/8842/2025-
B23 DATED 22/08/2025, WAS ISSUED BY THE
OFFICE OF THE DISTRICT COLLECTOR ERNAKULAM
TO THE PETITIONER
EXHIBIT.P11 TRUE COPY OF THE LETTER DATED 01/11/2025, OF
THE PETITIONER ADDRESSED TO THE DEPUTY
COLLECTOR (R.R)/R.D.O) ERNAKULAM
EXHIBIT.P12 TRUE COPY OF THE LETTER DATED 01/11/2025, OF
THE PETITIONER ADDRESSED TO THE VILLAGE
OFFICER KAKKANAD
