1. Direction to consider application under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008. (Para 1 , 2 )
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2026 Supreme(Online)(Ker) 65201
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. Kunhikrishnan, J
Teresa Michael – Appellant
Versus
State of Kerala – Respondent
WP(C) NO. 33604 OF 2026
Important Points
The court directed the relevant authorities to process and decide upon a Form-6 application filed under the Kerala Conservation of Paddy Land and Wetland Act, 2008, within a stipulated time frame.
Subject
Land Law - Paddy Land and Wetland Conservation
Act Referred
Kerala Conservation of Paddy Land and Wetland Act, 2008: S.27A, R.12(1)
Headnote
(A) Kerala Conservation of Paddy Land and Wetland Act, 2008 - Form-6 Application - Direction for timely disposal - When an application for removal of land from the data bank is filed, the authorities are directed to consider and decide the same within a specified time frame. (Para 4)
Issues: Whether the respondents should be directed to consider the Form-6 application filed by the petitioners.
Issues: Whether the respondents should be directed to consider the Form-6 application filed by the petitioners.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: T. Madhu, C.R. Saradamani, P.R. Shibu, Renjish S. Menon, Avanthika R., Karthik Krishna M., Aparna K. P.
For the Respondents: Anoop V Nair, Joemon Antony
For the Appellants/Petitioners: T. Madhu, C.R. Saradamani, P.R. Shibu, Renjish S. Menon, Avanthika R., Karthik Krishna M., Aparna K. P.
For the Respondents: Anoop V Nair, Joemon Antony
Table of Contents
2. Petitioners sought mandamus to decide Ext.P4 Form-6 application; no counter arguments appear in the judgment. (Para 1 , 2 , 3 )
3. Court found a direction to consider the pending application within a time frame appropriate. (Para 4 )
4. A pending statutory application may be directed for consideration within a reasonable time frame. (Para 4 )
5. Writ petition disposed: 6th respondent to report; 3rd respondent to decide application within four months. (Para 4 )
6. Can a court direct consideration of a pending application under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008?
Yes, the court can direct the authorized officer to consider the application within a specified time frame. (Para 4 )
7. What is the procedure for disposal of a Form-6 application under the Act?
The 6th respondent must submit a report to the 3rd respondent within one month, who then decides within four months. (Para 4 )
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.33604 of 2026
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Dated this the 01st day of October, 2026
JUDGMENT
This writ petition is filed seeking the following reliefs:
“(i) Issue a writ of mandamus or any other appropriate writ, direction or order directing the third respondent to consider and take a decision on Exhibit P4 application dated 08.08.2026 submitted by the petitioners in Form No.6 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 before the third respondent as expeditiously as possible and within a time frame this Honourable Court, so as to secure the ends of justice.
(ii) This Honourable Court may be pleased to dispense with the filing of the English translation of documents which are in a vernacular Language, so as to secure the ends of justice.
And
(iii) Such other relief’s as this Hon’ble Court may deem and proper in the circumstances of the case.” [SIC]
2. The main prayer in this Writ Petition is to consider Ext.P4 Form-6 application, filed by the petitioners 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).
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.P4 within a time frame.
Therefore, this Writ Petition is disposed of in the following manner:
1. The 6th respondent is directed to submit the necessary report based on Ext.P4 Form-6 application, to the 3rd respondent / Authorised OfÏcer within a period of one month from the date of receipt of a certified copy of this judgment.
2. The 3rd respondent / Authorised O directed to consider Ext.P4 Form-6 application (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. I make it clear that the 3rd respondent is free to pass appropriate orders in accordance with the law.
3. The petitioners 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.
