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2026 Supreme(Online)(Ker) 12676

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
RAJAMMA – Appellant
Versus
THE DEPUTY COLLECTOR( LA), ALAPPUZHA – Respondent
WP(C) NO. 6021 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.R.RAJASEKHARAN PILLAI
For the Respondents: SR GP SMT VIDYA KURIAKOSE

The court held that the application for property usage under the Kerala Conservation of Paddy Land and Wetland Act must be addressed expeditiously by the authorities involved.

Headnote:This writ petition is filed under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, seeking directions to consider the application filed by the petitioner for usage of her property. The court ordered the 2nd respondent to submit a report on the application within a month and for the 1st respondent to consider this application within four months thereafter. The petitioner's interests were protected from coercive actions based on an injunction notice pending the decision on her application.

Table of Content
1. petition filed for property use application. (Para 1 , 2)
2. hearing of petitioner and counsel. (Para 3)
3. court directives for application handling. (Para 4)

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or other appropriate writ order or direction commanding the first respondent to consider Ext.P1 and pass appropriate orders.

ii. Issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to pass orders permitting the petitioner to use her property comprised in 4 Ares of land comprised in Sy.No.224, 3.99 Ares in Sy.No.224/1, 4 Ares in Sy.No.224/1-1, 4 Ares in Sy No.224/1-2 and 4 Ares of land in Sy.No.224/1-4 (total 19.99) of Kandaloor Village, she obtained this property as per the sale deed No.274/2020-2025 of Keerikkad Sub Registry.

iii. Issue a writ of mandamus or other appropriate writ order or direction interdicting the 2nd respondent from proceeding further with Ext.P4 iv. Issue such other writ, order or direction as this Hon’ble Court may deem fit and proper to meet the ends of justice.

iv. Dispense with the filing of English Translation of the vernacular document filed in this Writ Petition on such terms and conditions as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

v. Award costs to petitioner.

(SIC)

2. The main prayer in this Writ Petition is to consider Ext.P1 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.P1 within a time frame.

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 Ext.P1 application to the 1st respondent/Authorised O period of one month from the date of receipt of a certified copy of this judgment.

2. The 1st respondent/Authorised O to consider the Ext.P1 application (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 four months 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. No coercive steps shall be taken against the petitioner based on Ext.P4, till final orders are passed as directed above.

4. The petitioner will produce a certified copy of this judgment, along with a copy of this Writ Petition with exhibits, before respondents 1 and

2 for compliance.

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