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2026 Supreme(Online)(Ker) 37415
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. Kunhikrishnan, J
Shyju E M – Appellant
Versus
District Collector – Respondent
WP(C) NO. 20949 OF 2026
For the Appellants/Petitioners: Muhasin K.M., Farhana K.H.
For the Respondents: Mohammed Savad
The Court directed the time-bound processing of an application filed under the Kerala Conservation of Paddy Land and Wetland Act, ensuring administrative efficiency in dealing with Form-6 applications.
Headnote:The petitioner filed a writ petition seeking a mandamus to direct the authorities to consider an application filed under Section 27A read with Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008. The petitioner sought the processing of an Ext.P3 Form - 6 application for the removal of land from the data bank or for its regularization. The primary issue was whether the respondents were obligated to process the pending Form-6 application within a specified timeframe. The court observed that since an application was pending, a direction for time-bound disposal based on the report from the Village Officer was appropriate. The 5th respondent is directed to submit the necessary report within one month, and the 2nd respondent is directed to consider the application within two months from the receipt of said report.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V. KUNHIKRISHNAN, J.
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W.P.(C.).No.20949 of 2026
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Dated this the 22nd day of June, 2026
JUDGMENT
This writ petition is filed with following prayers:
i) Issue a writ of mandamus or any other writ, order or direction to 2nd respondent or the officer authorized under section 2(XVA) of the Act to consider and pass orders on Ext.P3 application within a time frame fixed by this Hon'ble Court.
ii) Issue a writ of mandamus or any other writ, order or direction to the 2nd respondent or the officer authorized under section 2(XVA) of the Act to call for report from the 5th respondent within a time frame fixed by this Hon'ble Court’
iii) To dispense with the production of the translation of vernacular documents.
iv) Issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the circumstances of the case.
(SIC)
The main prayer in this Writ Petition is to consider Ext.P3 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).
Heard the learned counsel for the petitioner and the learned Government Pleader.
After hearing both sides, I think there can be a direction to consider Ext.P3 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 2nd respondent/Authorised O period of one month from the date of receipt of a certified copy of this judgment.
2. The 2nd respondent/Authorised O to consider the 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 two months from the date of receipt of the report. I make it clear that the 2nd respondent is free to pass appropriate orders in accordance with the law.
3. The petitioner will produce a certified copy of this judgment, along with a copy of this Writ Petition with exhibits, before respondents 2 and 5 for compliance.
