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2026 Supreme(Online)(Ker) 14091

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
MAHIN K, IBRAHIM K, ABDUL RAHIMAN ASHRAF K, ABDUL SALAM K, MUHAMMED SHAREEF K, ABDUL MUNEER K – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER – Respondent
WP(C) NO. 7478 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.M.S.IMTHIYAZ AHAMMED, SRI.SHIRAZ ABDULLA M.S., SHRI.K.ABDUL NASSAR, SHRI.MUHAMMED BANI M., SHRI.VISHNU DEV C.S., SHRI.R.RAJESH (K)
For the Respondents: SRI K S ARUN KUMAR, SC, GP - SMT. DEEPA V

Procedural fairness requires the timely consideration of land exemption applications by administrative authorities.

Headnote:This Writ Petition seeks orders compelling the reconsideration of an application concerning land exemption. The petitioners argue that the 1st respondent must assess various factors, including land suitability, before making a decision. The court concludes that the 1st respondent must evaluate the application promptly. The main issue revolves around the request for a timely consideration of the Ext.P3 application by the 1st respondent. The court's ratio reflects a commitment to ensuring procedural fairness. The petitioners’ requests for exemption based on submitted documents and evidence are to be addressed expediently, with set timelines for reporting and decision-making.

Table of Content
1. key prayers requested by petitioners regarding land application. (Para 1 , 2)
2. petitioners satisfied with direction for ext.p3 application consideration. (Para 3)
3. court directs timely processing of application by authorities. (Para 4)

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 commanding the 1st respondent to reconsider Ext.P3 application in form No. 5, after ascertaining the actual facts, lie of land, conversion of land much prior to 12-08-2008, non suitability of land for any cultivation, improvements in the adjacent properties, report of 5th respondent etc. and direct to exclude the property of the petitioners from the data bank. ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to pass order, exempting the property of the petitioners comprised in Re. Sy. No. 76/4 and 75/2 in Block No. 018 in Balla Village after considering the report of the 5th respondent KSREC.

iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent pass positive orders on Ext. P3, exempting land of the petitioners from the data bank, in the light of Judgments in Mather Nagar Residents association and another V. District Collector Ernakulum and others , 2020 (2) KLT 192 , Adani Infrastructures and Developers Pvt. Ltd. V.

State Kerala, 2014 (1) KLT 774 , Lalu V. State of Kerala 2020(5) KLT 712 , Joy V. Revenue Divisional officer / Sub collector , 2021 (1) KLT 433 , Arthasasthra Ventures (India ) LLP V. state of Kerala , 2022 (7) KHC 561 and in Mureleedharan Nair R V. RDO , 2023 (4 ) KHC 524. Aparna Sasi Menon V. RDO , 2023 (6) KHC 83 Niyas V. District Collector Palakkad .

iv) Grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition. v) To dispense with filing of the translation of vernacular documents"

[SIC]

2. When this Writ Petition came up for consideration, the learned counsel appearing for the petitioners submitted that the petitioners will be satisfied if a direction is issued to consider Ext.P3 Form – 5 application within a time frame.

3. Heard the learned counsel for the petitioners and the learned Government Pleader.

4. After hearing both sides, I think there can be a direction to consider Ext.P3 application within a time frame.

Therefore, this Writ Petition is disposed of in the following manner:

1. The 3rd respondent is directed to submit the necessary report based on the Ext.P3 application to the 1st respondent/Authorised O 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 1st respondent/Authorised O to consider Ext. P3 application (if it is pending and if it is in order) based on the report received from the 3rd respondent, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of the report.

3. The petitioners will produce a certified copy of this judgment, along with a copy of this Writ Petition with exhibits, before the 1st and 3rd respondents for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

Judgment reserved NA
Date of judgment 26.02.2026
Judgment dictated 26.02.2026
Draft Judgment Placed 27.02.2026
Final Judgment Uploaded 28.02.2026
PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT NO.

KL14021002932/2025 DTD 04-07-2020 EXHIBIT P1(A) A TRUE COPY OF THE LAND TAX RECEIPT NO.

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