IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
DR K K SHINE – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 3140 OF 2026
| Table of Content |
|---|
| 1. writ petition concerns land classification. (Para 1 , 2) |
| 2. court heard arguments from both sides. (Para 3) |
| 3. court directed timely report submission. (Para 4) |
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
“i) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 6th respondent to consider and pass orders on Exhibit P5 application after conducting a site inspection and verifying necessary documents adduced by the petitioner and affording an opportunity of being heard to the petitioner;
ii) Issue a writ of mandamus or other appropriate writ, order, or direction, directing the 3rd respondent to carry out necessary changes in the basic tax register and other revenue records to record the property of the petitioner lying in extent 2.43 Ares of the property lying in Survey No.204/Pt7 and Pt8 of Adat Village in Thrissur Taluk, Thrissur District as dry land.
iii) Declare that the property of the petitioner lying in 2.43 Ares of the property lying in Survey No.204/Pt7 and Pt8 of Adat Village in Thrissur Taluk, Thrissur District.is not a paddy land.
iv) Issue such other appropriate writ, order or direction which this Hon’ble Court may deem fit in the circumstances of the case;
v) Dispense with the production of English translation of the vernacular Exhibits produced in the Writ Petition [ c ]”
[SIC]
2. The main prayer in this Writ Petition is to consider Ext.P5 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.P5 within a time frame.
Therefore, this Writ Petition is disposed of in the following manner:
1. The 4th respondent is directed to submit the necessary report based on the Ext. P5 application to the 6th respondent/Authorised O period of one month from the date of receipt of a certified copy of this judgment.
2. The 6th respondent/Authorised O consider the Ext.P5 application (if it is pending and if it is in order) based on the report received from the 4th 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 6th 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 4th and 6th respondents for compliance.
Sd/-
P.V.KUNHIKRISHNAN JUDGE GBG
PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTERED DOCUMENT NO
Judgment reserved
NA
Date of judgment
29.01.2026
Judgment dictated
29.01.2026
Draft Judgment Placed
29.01.2026
Final Judgment Uploaded
30.01.2026
186/2012 ON THE FILES OF THRISSUR SUB REGISTRY DATED 11.1.2012 Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, ADAT VILLAGE OFFICE DATED 2.1.2026 Exhibit P3 A TRUE COPY OF THE ORDER PASSED BY THE RDO THRISSUR DATED 16.7.2022 Exhibit P4 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE ACTUAL LIE AND NATURE OF THE PETITIONER’S PROPERTY Exhibit P5 A TRUE COPY OF THE APPLICATION IN FORM 6 DATED 17.1.2026 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT
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