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2026 Supreme(Online)(Ker) 14416

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
M C DILEEP KUMAR – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO.7177 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.AVANEESH KOYIKKARA, SMT.MANJUSHA K.U., SHRI.ASHWIN SUNIL KUMAR, SHRI.FELIX JOHN, SMT.NANDANA SURESH
For the Respondents: SMT.VIDYA KURIAKOSE, SR.GP, SMT.DEEPA V GP

A timely directive from the Court can compel administrative authorities to act on applications concerning land classification.

Headnote:The case addresses the application to quash the inclusion of the petitioner's land in the paddy land data bank. The petitioner argues that the land does not qualify as paddy land under the relevant Act. The Court directs the authorities to consider the application expeditiously. Key issues include the definition of paddy land and procedural compliance. The Court emphasized the necessity of timely action on administrative applications.

Table of Content
1. filing of a writ petition regarding land classification. (Para 1)
2. request for timely consideration of an application. (Para 2 , 3)
3. court's directive for administrative action. (Para 4)

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i. To issue a Writ of certiorari or any other appropriate writ or, order, or direction, quashing Exhibit P2 to the extent to which the land of the petitioner is included as paddy land in the Data Bank prepared by the 4th respondent;

ii. To declare the land in question does not fall under the purview of a paddy land or wet land defined in the Act and therefore liable to be removed from the Data Bank;

iii. To issue a writ of mandamus or any other appropriate writ, order, or direction, commanding the 3rd respondent to consider and pass appropriate orders in Exhibit P3, the Form 5 application to removing the entries regarding the petitioner’s property from the Data Bank, after strictly following the procedures prescribed in law and take steps to publish an erratum notification in Kerala Gazette for the same, within a time frame of two months or such period as this Hon’ble Court may fix;

iv. Pass any other orders or directions that this Hon’ble Court may deem fit and proper in the interest of Justice;

v. Dispense with the translation of the documents produced in the vernacular language;

And vi. Award cost."

[SIC]

2. When this Writ Petition came up for consideration, the learned counsel appearing for the petitioner submitted that the petitioner 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 petitioner 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 5th respondent is directed to submit the necessary report based on the Ext. P3 application to the 3rd 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 3rd 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 5th 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 5th respondents for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE hks

Judgment reserved NA
Date of judgment 24.02.2026
Judgment dictated 24.02.2026
Draft Judgment Placed 26.02.2026
Final Judgment Uploaded 27.02.2026
APPENDIX OF WP(C) NO.7177 OF 2026 PETITIONER EXHIBITS EXHIBIT P1 A COPY OF THE LAND TAX RECEIPT DATED

19.05.2025 ISSUED BY THE MULAVUKADU VILLAGE OFFICER EXHIBIT P2 A COPY OF THE RELEVANT PAGE OF THE DATA BANK PUBLISHED ON 24.03.2012 EXHIBIT P3 A COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT, DATED 08.01.2026, ALONG WITH THE FEE RECEIPT

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