Citation : 2026 Latest Caselaw 616 Ker
Judgement Date : 21 January, 2026
2026:KER:5038
WP(C) NO. 15909 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 21ST DAY OF JANUARY 2026 / 1ST MAGHA, 1947
WP(C) NO. 15909 OF 2025
PETITIONER/S:
GOPAKUMAR T.G.,
AGED 41 YEARS
S/O GOPINADHAN NAIR, THAZHATHEMURIYIL HOUSE,
MALLAPPALLY TALUK, KUNNANTHANAM VILLAGE,
KUNNANTHANAM P.O., PATHANAMTHITTA DISTRICT,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
VINISH KUMAR V, AGED 43 YEARS, S/O VASUDEVAN,
RESIDING AT KODIYATTUKARA, MUNDANCAVU,
CHENGANNUR, ALAPPUZHA, KERALA, PIN - 689121
BY ADVS.
SRI.K.SHAJ
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2026:KER:5038
WP(C) NO. 15909 OF 2025
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2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICE,
THIRUVALLA, REVENUE TOWER, PATHANAMTHITTA
DISTRICT, PIN - 689101
3 LOCAL LEVEL MONITORING COMMITTEE,
(CONSTITUTED UNDER THE KERALA CONSERVATION OF
PADDY LAND AND WETLAND ACT, 2008), REPRESENTED BY
THE CONVENER AND AGRICULTURAL OFFICER, KRISHI
BHAVAN, NEDUMPURAM, PATHANAMTHITTA, PIN - 682301
4 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, NEDUMPURAM,, PATHANAMTHITTA, PIN -
682301
5 THE VILLAGE OFFICER,
NEDUMBRAM VILLAGE OFFICE, THIRUVALLA-MAVELIKKARA
ROAD, NEDUMBRAM, PATHANAMTHITTA, PIN - 689110
6 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE,
REPRESENTED BY ITS DIRECTOR, 1ST FLOOR, VIKAS
BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF
KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM, PIN - 695033
OTHER PRESENT:
GP SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:5038
WP(C) NO. 15909 OF 2025
3
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(C.).No.15909 of 2025
----------------------------------------------
Dated this the 21st day of January, 2026
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the 4th respondent to prepare a Report on Exhibit P3 application under Form No. 5 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 after obtaining a satellite report from the 6th respondent and submit the same before the 2nd respondent within such period as directed by this Hon'ble Court; ii. To issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the 2nd respondent to pass appropriate orders in Exhibit P3 application under Form No. 5 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 after considering the report of the 4th respondent within such period as directed by this Hon'ble Court;
iii. To dispense with the filing of the translated version of the vernacular documents;
2026:KER:5038 WP(C) NO. 15909 OF 2025
iv. To issue such other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;
(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.P4 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.P4 application within a time frame.
Therefore, this Writ Petition is disposed of in the following
manner:
1. The 5th respondent is directed to submit the
necessary report based on the Ext.P4 application
to the 2nd 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 2nd respondent/Authorised Officer is directed 2026:KER:5038 WP(C) NO. 15909 OF 2025
to consider Ext.P4 application (if it is pending
and if it is in order) based on the report received
from the 5th respondent, 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 judgment, along with a copy of this Writ
Petition with exhibits, before respondents 2 and
5 for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
JV
Judgment reserved NA
Date of Judgment 21.01.2026
Judgment dictated 21.01.2026
Draft Judgment placed 21.01.2026 Final Judgment 22.01.2026 uploaded 2026:KER:5038 WP(C) NO. 15909 OF 2025
APPENDIX OF WP(C) NO. 15909 OF 2025
PETITIONER EXHIBITS
Exhibit P1 . THE TRUE COPY OF THE SALE DEED DATED 14/12/2022 EXECUTED BY M. R. RAMACHANDRAN TO THE PETITIONER. Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT NO.
KL03050900127/2023 DATED 13/01/2023 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
Exhibit P3 THE TRUE COPY OF THE APPLICATION DATED 11/03/2023 UNDER FORM 5 UNDER RULE 4(D) OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND RULES, 2008 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT . Exhibit P4 THE TRUE COPY OF FORM 5 APPLICATION NO.
10/2023/641763 DATED 11/03/2023 FILED BY THE PETITIONER.
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