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2026 Supreme(Online)(Ker) 11958

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
FRANCIS M V. – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C) NO. 12146 OF 2021



Advocates:
For the Appellants/Petitioners: SMT.MINI.V.A.
For the Respondents: Smt.A.C.VIDYA,GP

A petitioner may seek redress through the revision process against orders under the Kerala Conservation of Paddy Land and Wetland Act, with status quo maintained until resolution.

Headnote:The petitioners challenge an order passed under Section 13 of the Kerala Conservation of Paddy Land and Wetland Act (2008), claiming it as illegal. The court permits the petitioners to file a revision against the impugned order and ensures the interim order continues until final disposal. Key issues addressed included the nature of the property conversion and the appropriate steps for redress. The court directed the additional respondent to consider and adjudicate the revision within three months while maintaining the status quo.

JUDGMENT

The above writ petition is filed with following prayers : A “Issue a writ of certiorari or other appropriate writ. order or direction by call for the records leading to Exhibit P12 order and set aside the same as illegal and against the provisions of law B. Declare that fixing of a net around the property for the purpose of protection of property would not come within the purview of conversion as defined in the Kerala Conservation of Paddy Land and Wetland Act 2008 And C. Such other writ. direction or order. which this honourable court may deems fit and proper in the interest of justice and the circumstances of the case.” [sic]

2. The impugned order in this case is Ext.P12, which is an order invoking the powers under Sec.13 of the Kerala Conservation of Paddy Land and Wetland Act (for short 'Act'). Admittedly, it is a revisable order. The petitioners submitted that it is an order passed in Form-7 application. Whatever that may be, now a proceedings is initiated under Sec. 13 of the Act, which can be challenged before the Government by filing a revision. At this stage, the counsel for the petitioners submitted that the petitioners are ready to file a revision and there may be a direction to consider the same and till then, interim order may be allowed to continue. I think that prayer can be allowed.

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

1) The petitioners are free to file a revision against Ext.P12 before the additional 7th respondent within three weeks from the date of receipt of a certified copy of this judgment.

2) Once such a revision is received, the additional 7th respondent will consider the same and pass appropriate orders in it, after giving sufficient opportunity of hearing to the petitioners, as expeditiously as possible, at any rate, within three months from the date of receipt of the revision.

3) If the revision is filed as directed above, the status quo order passed by this Court, in respect of the property will continue till final orders are passed in the revision.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

Judgment reserved NA
Date of Judgment 16/02/2026
Judgment dictated 16/02/2026
Draft judgment placed 18/02/2026
Final judgment uploaded 20/02/2026
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT IN CONNECTION WITH THE PROPERTY OF FIRST PETITIONER DATED 25/11/2020 ISSUED BY THE FIFTH RESPONDENT.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT IN CONNECTION WITH THE JOINT PROPERTY OF PETITIONERS DATED 25/11/2020 ISSUED BY THE FIFTH RESPONDENT.

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