Kerala High Court
Sr. Rani T G vs District Collector, Ernakulam on 7 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:73880
WP(C) NO. 35650 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 7TH DAY OF OCTOBER 2025 / 15TH ASWINA, 1947
WP(C) NO. 35650 OF 2025
PETITIONER/S:
1 SR. RANI T G
AGED 53 YEARS
PROVINCIAL SUPERIOR, CARMELITE PROVINCIAL HOUSE,
KOVILVATTOM ROAD, ERNAKULAM COLLEGE P.O.,
ERNAKULAM, PIN - 682305
2 THRESIAMMA M J
AGED 60 YEARS
C/O PROVINCIAL SUPERIOR, CARMELITE PROVINCIAL
HOUSE, MANAGER, DESABENDHU SCHOOL, CHEPPANAM,
PANANGAD P.O., ERNAKULAM DISTRICT, PIN - 682506
BY ADVS.
SRI.NIRMAL V NAIR
SMT.ENCIL K. SABU
SMT.VAISHNAVI SHAJI
SHRI.SHAHIN BADUSHA
RESPONDENT/S:
1 DISTRICT COLLECTOR, ERNAKULAM
COLLECTORATE, KAKKANAD ERNAKULAM, ERNAKULAM
DISTRICT, PIN - 682030
2 REVENUE DIVISIONAL OFFICER, ERNAKULAM
REVENUE DIVISIONAL OFFICE, ERNAKULAM, FORT KOCHI
P.O., ERNAKULAM, PIN - 682001
2025:KER:73880
WP(C) NO. 35650 OF 2025
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3 TAHSILDAR (LAND RECORDS)
KANAYANNUR TALUK, KANAYANNUR P.O., ERNAKULAM
DISTRICT, PIN - 682031
4 VILLAGE OFFICER
KUMBALAM VILLAGE OFFICE, KUMBALAM P.O, ERNAKULAM,
PIN - 682031
5 AGRICULTURAL FIELD OFFICER
KRISHI BHAVAN, KUMBALAM, KUMBALAM P.O., ERNAKULAM
DISTRICT, PIN - 682506
SMT.DEEPA V., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:73880
WP(C) NO. 35650 OF 2025
3
C.S.DIAS, J.
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WP(C) No. 35650 OF 2025
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Dated this the 7th day of October, 2025
JUDGMENT
The 1st petitioner is the Provincial Superior of Carmelite Provincial House, who in turn is the owner in possession of one hectare, 44 Ares and 5 sq.m. of land in Block No.17 in Kumbalam Village in Kanayannur Taluk, covered under Ext.P2 land tax receipt. The 2 nd petitioner is the Manager of the School, which is functioning in the said property. Out of the above extent of land, 61.55 Ares of land is erroneously classified as Nilam in the data bank. To exclude 31.20 Ares of land comprised in Survey Nos.87/4 and 87/9 from the data bank, the petitioners have submitted Ext.P11 application before the 2nd respondent on 11.06.2025, in Form 5 under Rule 4(4d) of the Kerala Conservation of Paddy Land and 2025:KER:73880 WP(C) NO. 35650 OF 2025 4 Wetland Rules, 2008 ('Rules' in short). But, the same is not considered till date. Hence, the writ petition.
2. Heard; the learned counsel for the petitioner and the learned Government Pleader.
3. On a consideration of the facts and the materials on record, especially that Ext.P11 application is pending consideration before the 2nd respondent since 11.06.2025, 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 5th respondent is directed to submit his report as provided under Rule 4(4e) of the Rules to the authorised officer within two months from the date of production of a copy of this judgment.
(ii) On receipt of the above report, the 2nd respondent (authorized officer), after verifying the contents in the data bank by 2025:KER:73880 WP(C) NO. 35650 OF 2025 5 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.P11 application, in accordance with law and as expeditiously as 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 dkr 2025:KER:73880 WP(C) NO. 35650 OF 2025 6 APPENDIX OF WP(C) 35650/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DOCUMENT NO.
1451/1993 DATED 16-4-1993 OF THE MARADU SUB REGISTRAR OFFICE Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 3-4-2025 ISSUED BY THE KUMBALAM VILLAGE OFFICE Exhibit P3 A TRUE COPY OF THE FITNESS CERTIFICATE DATED 31-05-2000 FOR THE YEAR 2000-2001 ISSUED BY THE ASSISTANT ENGINEER, PWD BUILDINGS SECTION, MATTANCHERY Exhibit P4 A TRUE COPY OF THE FITNESS CERTIFICATE DATED 20-05-2022 FOR THE YEAR 2022-2023 ISSUED BY THE ASSISTANT ENGINEER, LSGD BUILDING SECTION, KUMBALAM GRAMA PANCHAYAT Exhibit P5 A TRUE COPY OF THE FITNESS CERTIFICATE DATED 30-05-2023 FOR THE YEAR 2023-2024 ISSUED BY THE ASSISTANT ENGINEER, LSGD BUILDING SECTION, KUMBALAM GRAMA PANCHAYAT Exhibit P6 A TRUE COPY OF THE FITNESS CERTIFICATE DATED 20-05-2024 FOR THE YEAR 2024-2025 ISSUED BY THE ASSISTANT ENGINEER, LSGD BUILDING SECTION, KUMBALAM GRAMA PANCHAYAT Exhibit P7 A TRUE COPY OF THE CIRCULAR NO.
EWB/70/2025-LSGD DATED 24-5-2025 ISSUED BY THE ADDITIONAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (EWB) DEPARTMENT Exhibit P8 A TRUE COPY OF THE RECEIPT OF APPLICATION NO. BPCN-00161697 DATED 31- 5-2025 SUBMITTED BY THE 2ND PETITIONER THROUGH THE KSMART APPLICATION BEFORE THE KUMBALAM GRAMA PANCHAYAT Exhibit P9 A TRUE COPY OF THE PROVISIONAL FITNESS CERTIFICATE DATED 31-5-2025 ISSUED BY 2025:KER:73880 WP(C) NO. 35650 OF 2025 7 THE ASSISTANT ENGINEER, LSGD BUILDING SECTION, KUMBALAM GRAMA PANCHAYAT Exhibit P10 A TRUE COPY OF THE PROVISIONAL FITNESS CERTIFICATE DATED 26-8-2025 ISSUED BY THE ASSISTANT ENGINEER, LSGD BUILDING SECTION, KUMBALAM GRAMA PANCHAYAT Exhibit P11 A TRUE COPY OF THE APPLICATION IN FORM
-5 DATED 11-6-2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P12 A TRUE COPY OF THE RECEIPT OF PAYMENT OF APPLICATION FEE DATED 12-6-2025 ISSUED BY THE KUMBALAM VILLAGE OFFICE