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2026 Supreme(Online)(Ker) 4192

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
BABY – Appellant
Versus
THE DISTRICT COLLECTOR ERNAKULAM – Respondent
WP(C) NO. 40041 OF 2023



Advocates:
For the Appellants/Petitioners: SHRI.K.R.PRATHISH, SHRI.P.K.SREEVALSAKRISHNAN
For the Respondents: GP SMT DEEPA V

The court has the authority to quash administrative orders when procedural requirements are not met, ensuring timely reconsideration of applications.

Headnote:This judgment pertains to a writ petition filed to challenge the conditions imposed in Ext.P4 regarding property use, and Ext.P8 relating to a Form-6 application. The Court quashed Ext.P8 and instructed reconsideration of the Form-6 application based on a recent allowance of the Form-5 application. The core issue revolved around property usage conditions and administrative response to application processing. The Court directed expeditious action on the reconsideration within three months of receipt of this judgment.

Table of Content
1. petitioner's challenge to administrative conditions. (Para 1)
2. court's directive on reconsideration of applications. (Para 2)

JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records pertaining to Ext.P4 and quash the condition in Ext.P4 that “the petitioner shall not make any construction in the said property and shall do only the agricultural works in the property”.

ii. Call for the records pertaining to Ext.P8 and quash the same by issuing a writ of Certiorari and direct the 2nd Respondent to reconsider the Form 6 application, within a timeframe fixed by this Hon’ble court.

iii. Dispense with filing of the translation of documents in Malayalam produced in the above writ petition as Ext.P1 to Ext.P6 and Ext.P8.

iv. Pass such other writs, orders or directions as this Hon'ble Court may deems just, fit and necessary in the facts and circumstances of this case.

v. Allow the writ petition writ petition with cost.

(SIC)

2. The main prayer in this writ petition is to quash the condition in Ext.P4 that the petitioner shall not make any construction in the said property and shall do only the agricultural works in the property. The petitioner also challenged Ext.P8 order passed in a Form-6 application. Today, when the matter is taken up for consideration, the Government Pleader submitted that the Form-5 application submitted by the petitioner is now allowed as per File No.834/2024 dated 15.12.2025. If that is the case, the Form-6 application can be directed to be reconsidered. To facilitate the authorised officer to pass fresh order, Ext.P8 can be set aside.

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

1. Ext.P8 is set aside.

2. The 2nd respondent/authorised o to reconsider the Form-6 application in the light of the order in File No.834/2024 dated 15.12.2025, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

sd/-

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