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2026 Supreme(Online)(Ker) 13084

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SAMSEER P. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 6540 OF 2026



Advocates:
For the Appellants/Petitioners: SMT.P.SAREENA GEORGE, SMT.AVILA VICTORIA, SHRI.JOEL LIJU FRANCIS
For the Respondents: GP SMT DEEPA V

Writ of mandamus issued for timely administrative actions on land classification under specific state rules.

Headnote:The writ petition is filed for issuance of a writ of mandamus directing the consideration of Form 5 applications and removal from data bank as per Kerala Conservation of Paddy Land and Wetland Rules, 2008. The court allows directions for consideration based on reports from officials. The 6th respondent is to submit a report promptly, followed by the 3rd respondent’s decision within a specified timeline. The judgment emphasizes administrative compliance and timely action in response to the applications.

Table of Content
1. petitioner's request for order consideration. (Para 1 , 2)
2. direction for prompt report submission. (Para 4)

JUDGMENT

The above writ petition is filed with following prayers :

i) “issue a writ of mandamus or other appropriate writ, order or direction, directing the 3rd respondent to consider and pass orders on Exhibit P 4 and Exhibit P 5Form 5 applications of the petitioners after affording an opportunity of being heard to the petitioner within a time limit fixed by this Hon’ble Court;

ii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents to remove petitioners’ property from data bank.

iii) Declare that the 3 Ares 13.7 Square meters of land lying in Survey no: 181/55 and 4 Ares 39.4 Square meters of land lying in Sy No: 181/73 of Chelavur Village in Kozhikode Taluk, Kozhikode District is not paddy land.

iv) Dispense with the translation of vernacular documents.

v) Issue such other appropriate writ, order or direction which this Hon’ble Court may deem fit in the circumstances of the case. “ [sic]

2. When this writ petition came up for consideration, the learned counsel for the petitioner submitted that he will be satisfied if a direction is issued to consider Exts.P4 and P5 applications submitted in Form 5 under Kerala Conservation of Paddy Land and Wetland Rules , 2008.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I think that prayer can be allowed.

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

1. The 6th respondent is directed to submit the necessary report based on the Exts.P4 and P5 applications to the 3rd respondent/Authorised Officer, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.

2. The 3rd respondent/Authorised Officer is directed to consider Exts. P4 and P5 applications (if it is pending and if it is in order) based on the report received from the 6th respondent, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of the report.

3. The petitioner will produce a certified copy of this judgment, along with a copy of this Writ Petition with exhibits, before the 3rd and 6th respondents for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

Judgment reserved NA
Date of Judgment 20/02/2026
Judgment dictated 20/02/2026
Draft judgment placed 21/02/2026
Final judgment uploaded 24/02/2026
PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 24/04/2025 IN RESPECT TO THE 3 ARES 13.7 SQUARE METERS OF LAND LYING IN SURVEY NO: 181/55 ISSUED BY THE 5TH RESPONDENT Exhibit P2 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 08/09/2025 IN RESPECT TO THE 4 ARES 39.4 SQUARE METERS OF LAND LYING IN SY NO: 181/73 ISSUED BY THE 5TH RESPONDENT Exhibit P3 A TRUE COPY OF POSSESSION CERTIFICATE DATED 22/12/2025 ISSUED BY 5TH RESPONDENT WITH RESPECT TO AFORESAID PROPERTIES Exhibit P4 A TRUE COPY OF THE APPLICATION IN FORM 5 BEARING NO 10/2026/402965 DATED 13/01/2026 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT Exhibit P5 A TRUE COPY OF THE APPLICATION IN FORM 5 BEARING NO 11/2026/402965 DATED 13/01/2026 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT

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