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2026 Supreme(Online)(Ker) 5272

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
NITHIN.M.C. – Appellant
Versus
REVENUE DIVISIONAL OFFICER – Respondent
WP(C) NO. 37855 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.V.T.MADHAVANUNNI
For the Respondents: Government Pleader

Reconsideration of application requested under Kerala Conservation Act when inconsistencies exist in decision-making.

Headnote:This Writ Petition challenges the rejection of a Form-5 application as per the Kerala Conservation of Paddy Land and Wet Land Act, 2008, citing inconsistency with another allowed application. The court directs the reconsideration of the application based on the cited precedence. The primary issue framed concerns due process in application review. Ultimately, the court sets aside the prior order and mandates a timely reconsideration of the application.

Table of Content
1. filing and rejection of form-5 applications (Para 1 , 2)
2. court's directive for reconsideration (Para 4)

JUDGMENT

This Writ Petition (C) is filed seeking the following relief:

" (i) To issue a writ of Certiorari or any other appropriate writ, order or direction, quashing Exhibit-P1, the order dated 09.07.2025 passed by Respondent No.1 rejecting the petitioners application in Form-5."

[SIC]

2. Petitioners submitted a Form-5 application in accordance with the Kerala Conservation of Paddy Land and Wet Land Act , 2008. The same was rejected as per Ext.P1. The short point raised by the petitioners is that, in the same survey number, another property owner filed a Form-5 application and the same is allowed as per Ext.P2. The same is not considered while deciding the Form-5 application submitted by the petitioners is the submission.

3. Heard the Government Pleader also.

4. Considering the facts and circumstances of the case, I think Ext.P1 can be set aside, and there can be a direction to reconsider the Form-5 application submitted by the petitioners in the light of Ext.P2.

Therefore, this Writ Petition is disposed of with the following directions:

1. Ext.P1 is set aside.

2. The 1st respondent/Authorised O directed to reconsider Form-5 application submitted by the petitioners in the light of Ext.P2, 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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