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2025 Supreme(Online)(Ker) 52260

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
HANEESH P H – Appellant
Versus
THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD – Respondent
WP(C) NO. 43712 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.M.S.SHAMLA, SMT.SANGEERTHANA M.
For the Respondents: GP, SMT DEEPA V

The court emphasizes timely consideration of applications under the Kerala Conservation of Paddy Land and Wetland Act and instructs adherence to procedural compliance.

Headnote:This Writ Petition is filed under the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008, seeking a writ of mandamus for the extension of exemption and correction of property records. The Court directed consideration of the application Ext.P4 within specific time frames. The directions included submitting necessary reports and passing orders in accordance with the law.

Table of Content
1. writ petition seeking directions regarding property status. (Para 1 , 2)
2. court hears arguments from counsel. (Para 3)
3. court orders timely consideration of applications. (Para 4)

JUDGMENT

This writ petition is filed seeking the following reliefs:

“i) Issue a writ of mandamus or any other writ order or direction to 2nd respondent to pass orders of Ext. P4 by extending the exemption provided under Schedule under Rule

12(9) of the Rules;

ii) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 3rd and 4th respondents to take appropriate steps to correct/change the nature/tenure of the petitioner property in the Revenue Records and BTR as that of residential Property/Purayidam.

iii) To dispense with the production of the English translation of Exhibits which are in vernacular language;

iv) Issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the circumstances of the case” [SIC]

2. The main prayer in this Writ Petition is to consider Ext.P4 Form-6 application filed by the petitioner under 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.P4 within a time frame.

Therefore, this Writ Petition(C) is disposed of in the following manner:

1. The 3rd respondent is directed to submit the necessary report based on Ext.P4 Form-6 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 O directed to consider Ext.P4 Form-6 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 2nd 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 nvj

Judgment reserved NA
Date of judgment 21.11.2025
Judgment dictated 21.11.2025
Draft Judgment Placed 22.11.2025
Final Judgment Uploaded 22 .11.2025
APPENDIX OF WP(C) 43712/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF SALE DEED NO. 2214/2021 DATED 22.09.2021 Exhibit P2 A TRUE COPY OF THE TAX RECEIPT WITH T.P.NO. 15628 IN RESPECT OF THE ABOVE PROPERTY DATED 15/09/2025 Exhibit P3 A TRUE COPY OF THE ORDER ISSUED BY THE

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