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2026 Supreme(Online)(Ker) 5710

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
JACOB PHILIP@LALY PHILIP – Appellant
Versus
DISTRICT COLLECTOR PATHANAMTHITTA – Respondent
WP(C) NO. 7783 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.P.M.JOSHI, SMT.SIJI K.PAUL, SMT.SRUTHI SUNILKUMAR, SHRI. C. GOKULKRISHNAN, SHRI.SURESH MATHEW
For the Respondents: SMT.PREETHA K K, GP

The presence of an alternative remedy precludes the court from entertaining a writ petition.

Headnote:The court analyzed the proceedings under Section 13 of the Kerala Conservation of Paddy Land and Wetland Act, 2008, filed by the petitioner seeking to quash the District Collector’s order (Exhibit-P7) and maintain peaceful possession of the property. The Court noted that a revision against Exhibit-P7 is maintainable. The proceedings were disposed of with directions allowing the petitioner to file a revision which must be considered expeditiously within three months. The main issue was whether the writ petition could be entertained despite the availability of a revision remedy. The court reasoned that it was not inclined to entertain the petition given that an alternative remedy existed, directing the petitioner to file a revision within three weeks. The final outcome directed the petitioner to file the revision, with further proceedings on Exhibit-P7 placed in abeyance until the revision’s conclusion.

Table of Content
1. judicial review limited by existence of alternative remedies. (Para 4)

JUDGMENT

The above writ petition is filed with the following prayers:

“1. Issue writ of mandamus or appropriate writ or direction to the

1st respondent quashing Exhibit-P7 proceedings.

2. Issue writ of mandamus or appropriate writ or direction to the respondents not to make any alteration to the lie and nature of the property in question or to make any obstruction to the petitioner's peaceful possession and enjoyment over the property covered by Exhibit-P1 and Exhibit-P2.

3. Dispense with the filing of English translation of Vernacular documents.

4. Grant such other and further relief that this Hon'ble court may be pleased to deem fit and proper in this case.” (SIC)

2. The impugned order in this case is Ext.P7.

Admittedly, Ext.P7 is a proceedings issued by the District Collector, Pathanamthitta invoking the powers under Section 13 of the Kerala Conservation of Paddy Land and Wetland Act , 2008. Admittedly, a revision is maintainable against the same. In such circumstances, I am not inclined to entertain this writ petition.

3. At this stage, the counsel for the petitioner submitted that the petitioner is ready to file a revision and there may be a direction to consider the same and till then interim order may be continued. I think that prayer can be allowed.

Therefore, this writ petition is disposed of with the following directions:

1. The petitioner is free to file a revision against Ext.P7 before the Addl. 6th respondent, within a period of three weeks from the date of receipt of a certified copy of this judgment.

2. If such a revision is received, the Addl. 6th respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the revision.

3. If the revision is filed as directed above, the further proceedings based on Ext.P7 shall be kept in abeyance till final orders are passed in the revision.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE nvj

Judgment reserved NA
Date of Judgment 29.01.2026
Judgment dictated 29.01.2026
Draft Judgment placed 31.01.2026
Final Judgment uploaded 02.02.2026
APPENDIX OF WP(C) NO. 7783 OF 2025 PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE DOCUMENT NO.2052/1989 DATED 22-09-1989 OF SRO THIRUVALLA Exhibit-P2 THE TRUE COPY OF THE DOCUMENT NO.1578/1997 DATED 30-05-1997 OF SRO THIRUVALLA Exhibit-P3 THE TRUE COPY OF THE REPORT DATED 19-

11-1996 OF THE PRINCIPAL AGRICULTURAL OFFICER TO THE REVENUE DIVISIONAL OFFICER Exhibit-P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER KAVUMBHAGAM TO THE PETITIONER DATED 20-03-2001 Exhibit-P5 THE TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK DATED 3-10-2013 ISSUED TO THE PETITIONER Exhibit-P6 THE TRUE COPY OF THE PROCEEDINGS DATED

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