IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SIKANDARALI – Appellant
Versus
REVENUE DIVISIONAL OFFICER – Respondent
WP(C) NO. 3142 OF 2026
| Table of Content |
|---|
| 1. petitioners raise concerns about property classification. (Para 1 , 2) |
| 2. legal counsel arguments presented. (Para 3) |
| 3. court's evaluation of statutory rights. (Para 4) |
| 4. court directs specific actions and compliance. (Para 5) |
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
“i. Issue a writ of mandamus or any other appropriate writ, order or direction, declaring that Exhibit P7 passed by the 1st respondent is illegal, arbitrary and unsustainable, to the extent it holds that the properties in Survey No. 67/9 are included in the Data Bank.
ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and pass orders on Ext P5 & P6 Form No.6 applications filed by the petitioners 1 & 2.
iii. Issue a writ of mandamus or any other appropriate writ, order or direction, declaring that the properties owned and possessed by the petitioners in Survey No. 67/9 of Ottapalam-II Village, Ottapalam Taluk is not included in the data bank.
iv. Issue a further direction commanding the 1st respondent to carry out necessary corrections in the revenue records, changing the classification of the petitioners’ lands from Nilam to Purayidom (dry land), pursuant to the orders to be passed on the petitioners’
Form No.6 applications.
v. Petitioner may be permitted to dispense with the filing of translation of the vernacular documents. And vi. Such other order or direction which this Hon’ble Court may deem fit and proper to grant in the circumstances of the case.”
[SIC]
2. Petitioners 1 and 2 filed Form 6 applications as evidenced by Exts.P5 and P6. The grievance of the petitioners is that the same have not been considered. As far as the 3rd petitioner is concerned, the Form 6 application submitted by the petitioner has been rejected, as evidence by Ext.P7.
3. Heard the learned counsel for the petitioners and the learned Government Pleader.
4. I am of the considered opinion that a direction can be issued to the authorised officer to consider Exts.P5 ad P6. As far as Ext.P7 is concerned, the petitioner has a statutory right of appeal, and the petitioner is free to file an appropriate appeal before the appellate authority in accordance with the law.
5. Therefore, this Writ Petition is disposed of in the following manner:
1. The 2nd respondent is directed to submit the necessary report based on the Exts.P5 and P6 applications to the 1st respondent/Authorised O within a period of one month from the date of receipt of a certified copy of this judgment.
2. The 1st respondent/Authorised O consider the Exts.P5 and P6 applications (if it is pending and if it is in order) based on the report received from the 2nd respondent, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of the report. I make it clear that the 1st 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 1st and 2nd respondents for compliance.
Sd/-
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