Kerala High Court
Romance vs The District Collector, Thrissur on 18 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 23691 OF 2025
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2025:KER:53815
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 23691 OF 2025
PETITIONER/S:
1 ROMANCE
AGED 58 YEARS
S/O, INASU, MALIYEKKAL HOUSE, KAMMALAM, NEAR THAZHOOR
CHURCH, CHATTIKULAM P.O, MUKUNDAPURAM, THRISSUR,
KERALA, PIN - 680721
2 SEENA
AGED 50 YEARS
W/O, ROMANS, MALIEKAL HOUSE, KAMMALAM, NEAR THAZHOOR
CHURCH, CHATTIKULAM P.O, KODASSERY, THRISSUR, KERALA,
PIN - 680721
BY ADVS.
SHRI.NIFFIN P. KAREEM
SHRI.AHAD A. MAJEED
RESPONDENT/S:
1 THE DISTRICT COLLECTOR, THRISSUR
CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003
2 THE REVENUE DIVISIONAL OFFICER
THRISSUR REVENUE DIVISIONAL OFFICE,CIVIL
STATION,AYYANTHOLE,THRISSUR, PIN - 680003
3 THE DEPUTY COLLECTOR (LA)
THRISSUR REVENUE DIVISIONAL OFFICE,CIVIL STATION,
AYYANTHOLE,THRISSUR, PIN - 680003
4 THE TAHSILDAR
CHALAKUDY TALUK OFFICE,MUNICIPAL TOWN HALL COMPLEX,
CHALAKUDY, THRISSUR DISTRICT, KERALA, PIN - 680307
WP(C) NO. 23691 OF 2025
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5 KRISHI BHAVAN OFFICER
KRISHI BHAVAN OFFICE, KODASSERY, THRISSUR, KERALA, PIN
- 680721
6 THE VILLAGE OFFICER
KODASSERY VILLAGE OFFICE,PARIYARAM P.O ,THRISSUR, PIN -
680721
*7 (ADDL.R7) AGRICULTURAL OFFICER
KRISHI BHAVAN, OFFICE, KODASSERY, THRISSUR, KERALA -
680 721 - IS IMPLEADED AS THE ADDITIONAL 7TH RESPONDENT
IN THE WRIT PETITION AS PER ORDER DT.18.07.2025 IN IA
NO.1/2025.
OTHER PRESENT:
SR.GP.SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23691 OF 2025
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C.S.DIAS, J.
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WP(C) No. 23691 OF 2025
-----------------------------------------
Dated this the 18th day of July, 2025
JUDGMENT
The petitioners are husband and wife. The 1st petitioner
is the owner in possession of 16.18 Ares and 14.77 Ares of
land comprised in Survey Nos.314/108 and 314/105 in
Kodassery Village, Mukundapuram Taluk, covered under
Exts.P1 and P2 land tax receipts, respectively. Likewise the 2nd
petitioner is the owner in possession of 12.14 Ares and 16.19
Ares of land comprised in Survey Nos.314/PT-7 and 314/PT-6,
both in Kodassery Village, Mukundapuram Taluk covered
under Exts.P3 and P4 land tax receipts, respectively. The
above properties are converted lands. However, the
respondents have erroneously classified the same as ‘paddy
land’ and included the properties in the data bank. To exclude
the properties from the data bank, the petitioners have
submitted Exts.P5, P7, P9 and P11 applications before the 2nd
respondent, in Form 5 under Rule 4(4d) of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008 (‘Rules’
WP(C) NO. 23691 OF 2025
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in short). But, the same have not been considered till date.
Hence, the writ petition.
2. Heard; the learned counsel for the petitioners
and the learned Government Pleader.
3. On a consideration of the facts and the
materials on record, especially that Exts.P5, P7, P9 and P11
applications are pending consideration before the 2nd
respondent since June 2025, and the same being statutory in
nature, without expressing anything on the merits of the
application, I allow the writ petition by ordering as follows:
(i) The additional 7th respondent is directed to submit
his report as provided under Rule 4(4e) of the
Rules to the 3rd respondent/authorised officer
within two months from the date of production of a
copy of this judgment.
(ii) On receipt of the above report, the 3rd
respondent/authorized officer, after verifying the
contents in the data bank by conducting inspection
directly or with the help of satellite pictures
prepared by the Central/State Institute of Science
and Technology as envisaged under Rule 4(4f),
shall consider and dispose Ext.P5 application, in
accordance with law and as expeditiously as
WP(C) NO. 23691 OF 2025
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possible, at any rate, within two months from the
date of receipt of the above report.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE
rkc/18.07.25
WP(C) NO. 23691 OF 2025
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APPENDIX OF WP(C) 23691/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT IN SURVEY NO.
314/108 OF 16.18 ARES DATED 21.04.2025
Exhibit P2 TRUE COPY OF THE TAX RECEIPT IN SURVEY NO.
314/105 OF 14.77 ARES DATED 21.04.2025
Exhibit P3 TRUE COPY OF THE TAX RECEIPT IN SURVEY NO.
314/PT-7 OF 12.14 ARES DATED 21.04.2025
Exhibit P4 TRUE COPY OF THE TAX RECEIPT IN SURVEY NO.
314/PT-6 OF 16.19 ARES DATED 21.04.2025
Exhibit P5 TRUE COPY OF THE FORM 5 APPLICATION DATED
06.06.2025, SUBMITTED BY THE 1ST PETITIONER
IN RESPECT OF 16.18 ARES OF LAND COMPRISED IN
SURVEY NO. 314/108 OF KODASSERY VILLAGE IN
MUKUNDAPURAM TALUK, THRISSUR DISTRICT
Exhibit P6 TRUE COPY OF THE RECEIPT DATED 06.06.2025
EVIDENCING THE PAYMENT OF THE PRESCRIBED FEE
FOR THE SAID APPLICATION
Exhibit P7 TRUE COPY OF THE SAID FORM 5 APPLICATION
DATED 06.06.2025, SUBMITTED BEFORE THE 2ND
RESPONDENT
Exhibit P8 TRUE COPY OF THE RECEIPT DATED 06.06.2025
EVIDENCING THE PAYMENT OF THE PRESCRIBED FEE
FOR THE FORM 5 APPLICATION IN RESPECT OF
SURVEY NO. 314/105 OF KODASSERY VILLAGE
Exhibit P9 TRUE COPY OF THE SAID FORM 5 APPLICATION
DATED 07.06.2025, SUBMITTED BEFORE THE 2ND
RESPONDENT
Exhibit P10 TRUE COPY OF THE RECEIPT DATED 07.06.2025
EVIDENCING PAYMENT OF THE PRESCRIBED FEE FOR
THE FORM 5 APPLICATION IN RESPECT OF SURVEY
NO. 314/PT-7 OF KODASSERY VILLAGE
Exhibit P11 TRUE COPY OF THE SAID FORM 5 APPLICATION
DATED 07.06.2025, SUBMITTED BEFORE THE 2ND
RESPONDENT
Exhibit P12 TRUE COPY OF THE RECEIPT DATED 07.06.2025
EVIDENCING PAYMENT OF THE PRESCRIBED FEE FOR
THE SAID APPLICATION IN RESPECT OF SURVEY NO.
314/PT-6 OF KODASSERY VILLAGE
Exhibit P13 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED
BY LISIE HOSPITAL, ERNAKUALAM, DATED
16.05.2025, CONFIRMING THE DIAGNOSIS AND
MEDICAL HISTORY OF THE 1ST PETITIONER
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