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2025 Supreme(Online)(Ker) 52304

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
TITUS SEBASTIAN – Appellant
Versus
DEPUTY COLLECTOR (R.R) – Respondent
W.P.(C) NO. 43500 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.S.MOHAMMED AL RAFI, SMT.THAJUNA MARIA FRANCIS
For the Respondents: GP SMT DEEPA V

Timely processing of applications concerning land designation under relevant state conservation laws is mandated.

Headnote:Statute Analysis: Relevant provisions under Kerala Conservation of Paddy Land and Wetland Rules, 2008 were considered. Facts: The petitioner sought a writ of mandamus to change the land's designation and to expedite the consideration of an application. Findings: The court disposed of the petition with directions to the respondents regarding the timely submission of a report and consideration of the application.

Issues: The court addressed whether to direct the competent authority to consider the application based on the submitted report.

Ratio Decidendi: The court emphasized the need for a timely report to ensure compliance with statutory obligations.

Result: The court disposed of the writ petition with specific directions for action by the respondents.

Table of Content
1. petitioner sought land designation change. (Para 1 , 2)
2. court directed timely consideration of application. (Para 4)

JUDGMENT

The above writ petition is filed with following prayers :

“ i) To issue writ of mandamus or writ of similar nature or appropriate orders commanding the 1st respondent to consider the Ext P3 application and to pass the appropriate order changing the nature of the land from paddy land to ‘Purayidam’ comprised in Block No.1 in Sy.No. 239/2-157-3 of Poonithura Village, having total extent of 1 Ares 57 Sq.M, immediately.

ii) Issue such other reliefs as this Hon’ble Court may deem fit and proper in the interest of justice. \

iii) Kindly issue direction dispensing with the production of English translation of Malayalam documents. “ [sic]

2. When this writ petition came up for consideration, the learned counsel for the petitioner submitted that he will be satisfied if a direction is issued to consider Ext.P3 application submitted in Form 6 under Kerala Conservation of Paddy Land and Wetland Rules , 2008.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I think that prayer can be allowed.

Therefore, this writ petition is disposed of with the following directions:

1) The 4th respondent is directed to submit necessary report based on Ext.P3 as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

2) Once the report is received, the 1st respondent/competent authority shall consider Ext.P3, (if it is pending and if it is in order) as expeditiously as possible, at any rate, within three months from the date of receipt of the report from the 4th respondent.

3) The petitioner will produce a certified copy of this judgment before the 1st and 4th respondents for compliance.

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