SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 53600

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
C.M.KUNJUMUHAMMED – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 22302 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.PEEYUS A.KOTTAM, SHRI.ANTO GEOGY
For the Respondents: None stated

Court directed timely consideration of property applications, establishing no prior approval needed for processing.

Headnote:Statute Analysis: The petitioners seek a writ of mandamus directing the deputy collector to consider applications without prior orders. Facts: The petitioners filed Exts.P3 and P4 applications regarding property conversion. Findings: The court directed timely consideration of these applications.

Issues: The key question is whether prior orders are necessary for application approval.

Ratio Decidendi: The court found no need for prior approval.

Result: The court ordered the applications be considered within specified time frames.

Table of Content
1. petitioners seek writ regarding application processing. (Para 1 , 2)
2. counsel presented need for timely directive. (Para 3)
3. court observed necessity of timely action on applications. (Para 4)

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i) Issue a writ of mandamus or any other appropriate writ or direction and thereby command the 2nd respondent Deputy Collector (RR)/Revenue Divisional Officer to accept and consider form 6 application without insisting orders on Ext-P3 and Ext-P4 form 5 applications since the property is shown as converted land in the Ext-P1 data bank in the light of dictum laid down in Ext P2 judgment, within a stipulated time as ordered by this Hon’ble Court.

ii) Issue a writ of mandamus or any other appropriate writ or direction and thereby command the 2nd respondent to consider and pass orders on Ext-P3 and P4 form 5 application if it is found that form 6 application cannot be considered without an order in form 5 application, within a stipulated time as fixed by this Hon’ble Court;

iii) Grant such other reliefs which are just and necessary in the interest of justice.

&

iv) To dispense with production of English translation of the documents produced along with this writ petition.”

[SIC]

2. When this Writ Petition came up for consideration, the learned counsel appearing for the petitioners submitted that the petitioners will be satisfied if a direction is issued to consider Exts.P3 and P4 Form – 5 applications within a time frame.

3. Heard the learned counsel for the petitioners and the learned Government Pleader.

4. After hearing both sides, I think there can be a direction to consider Exts.P3 and P4 applications 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 Exts.P3 and P4 applications 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 O consider Exts.P3 and P4 applications (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 two 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 the 2nd and 3rd respondents for compliance.

4. While deciding the matter, the authorised officer will also consider the relevance of Ext.P5 KSREC report.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top