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2026 Supreme(Online)(Ker) 14438

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ZAKI KURUPPALIL – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER /SUB COLLECTOR – Respondent
WP(C) NO. 27377 OF 2025 | WP(C) NO. 28025 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.P.K.SOYUZ, SRI.E.V.BABYCHAN
For the Respondents: NA

The court determined that the petitioners could proceed with the appropriate application under the Kerala Conservation of Paddy Land and Wetland Act, 2008, following an earlier mistake in filing.

Headnote:In accordance with the Kerala Conservation of Paddy Land and Wetland Act, 2008, the petitioners argued incorrectly filing a Form-5 application instead of an application under Sec.27A. The Court ruled that the orders were set aside allowing the petitioners to file the appropriate application. The judgement focused on facilitating the petitioners' adherence to legal proceedings.

Table of Content
1. court allows filing appropriate applications. (Para 4)

JUDGMENT

These two writ petitions are connected and the same point is raised in these writ petitions. Therefore, I am disposing of these writ petitions by a common judgment.

2, The counsel for the petitioners submitted that, in the light of the principle laid down in Line Properties Pvt. Ltd. v. Revenue Divisional Officer, Ernakulam [2025 KHC 1637] , a Form-5 application ought not have been filed by the petitioners. It is submitted that they filed Form-5 application by mistake and they want to file an application under Sec.27A of the Kerala Conservation of Paddy Land and Wetland Act , 2008 (for short 'Act, 2008'). The counsel for the petitioners submitted that the petitioners also submitted an application in accordance to Kerala Land Utilization Order in 2015. Therefore, the counsel for the petitioners submitted that the impugned orders may be set aside and the petitioners may be allowed to file an application under Sec.27A of the Act, 2008 or to proceed based on the KLU application.

3. Heard the learned Government Pleader also.

4. Considering the request of the petitioners that they wants to file appropriate proceedings in accordance with law, I think the impugned order can be set aside. I make it clear that I have not considered the matter on merit and the petitioners are free to file appropriate application in accordance with law, before the competent authority. To facilitate the petitioners to file appropriate application in accordance with law, Ext.P10 in these writ petitions can be set aside.

Therefore, these writ petitions are disposed of, setting aside Ext.P10 produced in these writ petitions.

Sd/-

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