Citation : 2026 Latest Caselaw 863 Ker
Judgement Date : 29 January, 2026
WP(C) NO.3405 OF 2026
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2026:KER:7221
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 29TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947
WP(C) NO. 3405 OF 2026
PETITIONER/S:
BABY VARGHESE
AGED 50 YEARS
S/O VARKEY VARGHESE, KUDIYAT HOUSE,
MALAYINKEEZHU KARA, KOTHAMANGALAM VILLAGE,
KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT., PIN -
686691
BY ADVS.
SHRI.C.DILIP
SHRI.JIJO JOSEPH
SHRI.AKHIL CHANDRAN
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL
SECRETARY, REVENUE DEPARTMENT, GOVERNMENT
SECRETARIATE, THIRUVANANTHAPURAM, PIN - 685001
2 REVENUE DIVISIONAL OFFICER
MINI CIVIL STATION, MUVATTUPUZHA, ERNAKULAM
DISTRICT, PIN - 686673
3 VILLAGE OFFICER
THRIKKARIYOOR VILLAGE, KOTHAMANGALAM,
PIN - 686691
4 AGRICULTURAL OFFICER
KRISHI BHAVAN, PINDIMANA, KOTHAMANGALAM,
PIN - 686692
WP(C) NO.3405 OF 2026
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BY ADV.
SMT.VIDYA KURIAKOSE, SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.3405 OF 2026
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) No. 3405 of 2026
-------------------------------
Dated this the 29th day of January, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
"a) Issue a writ in the nature of mandamus or any other writ, order or direction directing second respondent to consider Exhibit P6 application and pass orders thereon in accordance with law, within a period as may be specified by this Hon'ble Court.
b) Pass an order dispensing with production of English translated copy of exhibits produced along with this writ petition for the admission purpose of the matter and time may be granted for production of translated copies.
c) Issue such other appropriate writ, order or direction which this Hon'ble court may deem fit to issue and the petitioner may pray from time to time."
[SIC]
2. The main prayer in this Writ Petition is to consider
Ext.P6 Form - 6 application submitted by the petitioner under WP(C) NO.3405 OF 2026
2026:KER:7221
Section 27A read with Rule 12(1) of the Kerala Conservation of
Paddy Land and Wetland Act and Rules, 2008 ('Act and Rules' in
short).
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.P6 within a time frame.
Therefore, this Writ Petition is disposed of in the following
manner:
1. The 3rd respondent is directed to submit the
necessary report based on the Ext.P6
application to the 2nd respondent/Authorised
Officer 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 to consider the Ext.P6 application (if it
is pending and if it is in order) based on the
report received from the 3rd respondent, as
expeditiously as possible, at any rate, within a
period of four months from the date of receipt
of the report. I make it clear that the 2 nd WP(C) NO.3405 OF 2026
2026:KER:7221
respondent is free to pass appropriate orders
in accordance with the law.
3. The petitioner will produce a certified copy of
this judgment, along with a copy of this Writ
Petition with exhibits, before the 2nd and 3rd
respondents for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Judgment reserved NA
Date of judgment 29.01.2026
Judgment dictated 29.01.2026
Draft Judgment Placed 29.01.2026
Final Judgment Uploaded 29.01.2026 WP(C) NO.3405 OF 2026
2026:KER:7221
APPENDIX OF WP(C) NO. 3405 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTO COPY OF SETTLEMENT DEED NO 7682/2011 OF S.R.O, KOTHAMANGALAM DATED 28.12.2011 EXHIBIT P2 TRUE PHOTO COPY OF SETTLEMENT DEED NO 647/2012 OF S.R.O, KOTHAMANGALAM DATED 02.02.2012 EXHIBIT P3 TRUE PHOTO COPY OF CORRECTION DEED NO 5978/2013 OF S.R.O, KOTHAMANGALAM DATED 20.12.2013 EXHIBIT P4 TRUE PHOTO COPY OF LAND TAX RECEIPT OF PROPERTIES UNDER EXHIBITS P1 TO P3 DATED 18.06.2024 AND ISSUED FROM THRIKKARIYOOR VILLAGE OFFICE EXHIBIT P5 TRUE PHOTO COPY OF RELEVANT PAGES OF DATA BANK DATED NIL EXHIBIT P6 TRUE PHOTO COPY OF APPLICATION DATED 19.01.2026 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT IN FORM NO 6 OF KERALA CONSERVATION OF PADDY LAND AND WET LAND RULES, 2008 EXHIBIT P7 TRUE PHOTO COPY OF RECEIPT DATED 19.01.2026 ISSUED FROM THRIKKARIYOOR VILLAGE OFFICE ON RECEIPT OF EXHIBIT P6 APPLICATION
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