Kerala High Court
Mohamed Ashraf vs The District Collector on 19 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) Nos.3771 & 3774 OF 2025 1
2026:KER:15854
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
WP(C) NO. 3774 OF 2025
PETITIONER/S:
1 MOHAMED ASHRAF,
AGED 51 YEARS
S/O. HASSANKUTTY, KARAMKUNDIL HOUSE, KOTTATH,
KODINHI P.O., NANNAMBRA, MALAPPURAM,REP BY POWER OF
ATTORNEY, ABDUL LATHEEF, AGED 71 YEARS,S/O PANAKKAL
AHAMMED,PANAKKAL HOUSE, KODINHI P.O.
NANNAMBRA,MALAPPURAM, PIN - 676309
2 IBRAHIM,
AGED 42 YEARS
S/O HASSANKUTTY, KARAMKUNDIL HOUSE, KOTTATH, KODINHI
P.O., NANNAMBRA, MALAPPURAM,REP BY POWER OF
ATTORNEY,ABDUL LATHEEF, AGED 71, S/O. PANAKKAL
AHAMMED,PANAKKAL HOUSE,KODINHI P.O.,
NANNAMBRA,MALAPPURAM, PIN - 676309
BY ADV SHRI.PRAVEEN K. JOY
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
MALAPPURAM,COLLECTORATE, UPHILL, MALAPPURAM, PIN -
676505
2 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
TIRUR, OFFICE OF THE SUB COLLECTOR, MINI CIVIL
STATION,TIRUR, MALAPPURAM, PIN - 676101
WP(C) Nos.3771 & 3774 OF 2025 2
2026:KER:15854
3 THE TAHSILDAR L.R.,
TIRURANGADI TALUK OFFICE, TIRURANGADI, MALAPPURAM,
PIN - 676306
4 THE VILLAGE OFFICER,
NANNAMBRA VILLAGE OFFICE, KUNDOOR, TANUR-VENNIYUR
ROAD, NANNAMBRA, MALAPPURAM, PIN - 676320
5 AGRICULTURAL OFFICER,
KRISHIBHAVAN, NANNAMBRA, MALAPPURAM, PIN - 676320
6 THE CONVENOR,
LOCAL LEVEL MONITORING COMMITTEE, NANNAMBRA GRAMA
PANCHAYATH, KUNDOOR, MALAPPURAM, PIN - 676320
OTHER PRESENT:
SRI.ASHWIN SETHUMADHAVAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.02.2026, ALONG WITH WP(C).3771/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.3771 & 3774 OF 2025 3
2026:KER:15854
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
WP(C) NO. 3771 OF 2025
PETITIONER/S:
1 ABDUL LATHEEF,
AGED 71 YEARS
S/O PANAKKAL AHAMMED,PANAKKAL HOUSE,KODINHI P.O.,
NANNAMBRA, MALAPPURAM, PIN - 676309
2 KHADEEJA,
AGED 62 YEARS
W/O ABDUL LATHEEF,PANAKKAL HOUSE,KODINHI P.O.,
NANNAMBRA,MALAPPURAM, PIN - 676309
BY ADVS.
SHRI.PRAVEEN K. JOY
SRI.T.A.JOY
SRI.E.S.SANEEJ
SRI.M.P.UNNIKRISHNAN
SRI.N.ABHILASH
SHRI.ALBIN VARGHESE
SMT.ABISHA.E.R
SMT.FATHIMA SHALU S.
SMT.LAKSHMI K.S.
SMT.NINSIYA BASHEER
SMT.MEGHA G.
RESPONDENT/S:
WP(C) Nos.3771 & 3774 OF 2025 4
2026:KER:15854
1 THE DISTRICT COLLECTOR,
MALAPPURAM,COLLECTORATE, UPHILL, MALAPPURAM, PIN -
676505
2 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
TIRUR, OFFICE OF THE SUB COLLECTOR,MINI CIVIL
STATION,TIRUR, MALAPPURAM, PIN - 676101
3 THE TAHSILDAR L.R.,
TIRURANGADI TALUK OFFICE,TIRURANGADI, MALAPPURAM,
PIN - 676306
4 THE VILLAGE OFFICER,
NANNAMBRA VILLAGE OFFICE, KUNDOOR, TANUR-VENNIYUR
ROAD,NANNAMBRA, MALAPPURAM, PIN - 676320
5 AGRICULTURAL OFFICER,
KRISHIBHAVAN, NANNAMBRA, MALAPPURAM, PIN - 676320
6 THE CONVENOR,
LOCAL LEVEL MONITORING COMMITTEE,NANNAMBRA GRAMA
PANCHAYATH, KUNDOOR, MALAPPURAM, PIN - 676320
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.02.2026, ALONG WITH WP(C).3774/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.3771 & 3774 OF 2025 5
2026:KER:15854
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C) Nos. 3771 & 3774 of 2025
--------------------------------------
Dated this the 19th day of February, 2026
JUDGMENT
These two writ petitions are connected and same legal issue is raised in these two writ petitions. Therefore, I am disposing of these two writ petitions by a common judgment.
2. The petitioners in these writ petitions filed a Form-6 application in accordance to Kerala Conservation of Paddy Land and Wetland Rules (for short 'Rules'). That application was allowed as per Ext.P1 produced in these writ petitions.
Subsequently, the 2nd respondent in these writ petitions cancelled Ext.P1 orders in these writ petitions as per Ext.P15 and Ext.P18 respectively. Aggrieved by the same, these writ petitions WP(C) Nos.3771 & 3774 OF 2025 6 2026:KER:15854 are filed.
3. Heard the learned counsel for the petitioners and the Senior Government Pleader.
4. The short point raised by the petitioners is that once, an application in Form-6 filed in accordance to Rules is allowed, the authorised officer can review the same only in accordance to Sec.27A (11) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short 'Act 2008') and the impugned orders will not come within the purview of Sec.27A(11) of the Act, 2008.
Sec.27A(11) of the Act is extracted hereunder :
"27A: Change of nature of unnotified land (11) The Revenue Divisional Officer may, either suo motu or on the application of any aggrieved party, cancel any order issued under sub-section (2) if the conditions specified in the order issued therein are not complied by the applicant, either fully or partially."
5. As per the above provision, the Revenue Divisional Officer can either suo motu or on the application of WP(C) Nos.3771 & 3774 OF 2025 7 2026:KER:15854 an aggrieved party can cancel any order issued under Sub-
Sec.2 of Sec.27A, if the condition specified in the order issued therein are not complied by the applicant either fully or partly.
A perusal of Ext.P15 and P18 would not show that those orders were passed because of any violation of any conditions imposed in Ext.P1 orders produced in these writ petitions.
Therefore, Sec.27A (11) of the Act, 2008 is not applicable. The Government Pleader was not able to point out any other provision, by which the authorised officer can recall an order passed in a Form-6 application.
6. This Court in Vasu Kallayi v. State of Kerala and Others [2022 (4) KHC 527] and in the judgment dated 11.2.26 in W.P.(C.) No. 44234/2024 considered this point in detail and held that the authorised officer has no jurisdiction to recall an order, except for the reason mentioned in Sec.27A(11) of the Act, 2008. In the light of the same, I am of the considered opinion that Ext.P15 and P18 in these writ petitions are to be set aside. But, I make it clear that the WP(C) Nos.3771 & 3774 OF 2025 8 2026:KER:15854 official respondents are free to proceed in accordance with law, if there is any violation of law. The Government Pleader submitted that the land in question is included in the Data Bank and therefore, the Form-6 application allowed is to be recalled. The same is disputed by the counsel for the petitioners. Whatever that may be, in the light of Sec.27A(11) of the Act, 2008, the order passed in a Form-6 application can be recalled only for the reasons mentioned in that Section.
Therefore, the impugned orders are to be set aside.
Therefore, these writ petitions are allowed in the following manner :
1) Ext.P15 in W.P.(C.) No. 3774/2025 and Ext.P18 in W.P.(C.) No. 3771/2025 are quashed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 19/02/2026
Judgment dictated 19/02/2026
Draft judgment placed 21/02/2026
Final judgment uploaded 24/02/2026 WP(C) Nos.3771 & 3774 OF 2025 9 2026:KER:15854 APPENDIX OF WP(C) NO. 3774 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER WITH NO. F 8027/19 DATED 06.08.2020 OF REVENUE DIVISIONAL OFFICER, TIRUR Exhibit P2 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT WITH NO. A5-BA (141835)/2021 DATED 08.07.2021 OF NANNAMBRA GRAMA PANCHAYATH Exhibit P3 TRUE COPY OF THE SITE PLAN OF PROPOSED RESIDENCE WITH PERMIT NO. A5-BA (141835)/2021 DATED 08.07.2021 Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 23/12/2021 IN WPC NO.30666/2021 Exhibit P5 TRUE COPY OF THE MODIFIED INTERIM ORDER DATED 04/04/2022 IN WPC NO.30666/2021 Exhibit P6 TRUE COPY OF THE LETTER DATED 22/10/2021 IN F 8027/2019 OF THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE SKETCH OF THE PROPERTY ISSUED BY THE SURVEYOR Exhibit P8 TRUE COPY OF THE REPORT IN G3/13875/2019 OF THE 2ND RESPONDENT TO 1ST RESPONDENT ISSUED ON JANUARY 2022 Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC NO.27948/2022 DATED 10.10.2022 Exhibit P10 TRUE COPY OF THE ORDER IN CONTEMPT CASE NO.12/2023 DATED 27.02.2023 Exhibit P11 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 15.02.2023 Exhibit P12 TRUE COPY OF THE COUNTER FILED BY THE PETITIONERS IN WPC NO.14621/2023 WITHOUT DOCUMENTS DATED 10.01.2024 Exhibit P13 TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR, MALAPPURAM DATED 18.12.2023 Exhibit P14 TRUE COPY OF THE RTI REPLY ISSUED FROM THE WP(C) Nos.3771 & 3774 OF 2025 10 2026:KER:15854 OFFICE OF THE DISTRICT COLLECTOR DATED 12.12.2023 Exhibit P15 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 08.01.2025 Exhibit P16 TRUE COPY OF THE ORDER WITH NO. F 8028/19 DATED 06.08.2020 OF REVENUE DIVISIONAL OFFICER, TIRUR Exhibit P17 TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE VILLAGE OFFICER DATED 30.03.2023 RESPONDENT ANNEXURES ANNEXURE R2(a) TRUE COPY OF THE PHOTOGRAPH WP(C) Nos.3771 & 3774 OF 2025 11 2026:KER:15854 APPENDIX OF WP(C) NO. 3771 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER WITH NO. F 8028/19 DATED 06.08.2020 OF REVENUE DIVISIONAL OFFICER, TIRUR Exhibit P2 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT WITH PERMIT NO. A5- BA(141865)/2021 DATED 08.07.2021 OF NANNAMBRA GRAMA PANCHAYATH Exhibit P3 TRUE COPY OF THE SITE PLAN OF PROPOSED RESIDENCE WITH NO. BL NO. A5-1966/2021 DATED 08.07.2021 OF NANNAMBRA GRAMAPANCHAYATH Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 21/12/2021 IN WPC NO.29809/2021 Exhibit P5 TRUE COPY OF THE MODIFIED INTERIM ORDER DATED 04/04/2022 IN WPC NO.29809/2021 Exhibit P6 TRUE COPY OF THE LETTER DATED 22/10/2021 IN F 8028/2019 OF THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE SKETCH OF THE PROPERTY ISSUED BY THE SURVEYOR Exhibit P8 TRUE COPY OF THE REPORT IN G3/13875/2019 OF THE 3RD RESPONDENT TO 2ND RESPONDENT ISSUED ON JANUARY 2022 Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC NO.27949/2022 DATED 10.10.2022 Exhibit P10 TRUE COPY OF THE ORDER IN CONTEMPT CASE NO.2669/2022 DATED 03.04.2023 Exhibit P11 TRUE COPY OF THE LETTER SUBMITTED BEFORE THE SUB COLLECTOR, TIRUR DATED 06.11.2023 Exhibit P12 TRUE COPY OF THE RECEIPT ISSUED FROM RDO OFFICE, TIRUR DATED 06.11.2023 Exhibit P13 TRUE COPY OF THE REQUEST DATED 27.09.2024 SUBMITTED BEFORE THE SUB COLLECTOR/RDO,TIRUR Exhibit P14 TRUE COPY OF THE REQUEST DATED 29.10.2024 SUBMITTED BEFORE THE DEPUTY COLLECTOR(LA), WP(C) Nos.3771 & 3774 OF 2025 12 2026:KER:15854 MALAPPURAM Exhibit P15 TRUE COPY OF THE LETTER DATED 22.10.2024 ISSUED BY SUB COLLECTOR TIRUR TO DEPUTY COLLECTOR (RR) MALAPPURAM Exhibit P16 TRUE COPY OF THE COUNTER FILED BY THE PETITIONERS IN WPC NO.14621/2023 DATED 10.01.2024 WITHOUT DOCUMENTS Exhibit P17 TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR, MALAPPURAM DATED 18.12.2023 Exhibit P18 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 08.01.2025 Exhibit P19 TRUE COPY OF THE ORDER WITH NO. F 8027/19 DATED 06.08.2020 OF REVENUE DIVISIONAL OFFICER, TIRUR Exhibit P20 TRUE COPY OF THE ORDER DATED 15.02.2023 OF 2ND RESPONDENT Exhibit P21 TRUE COPY OF THE REQUEST SUBMITTED BY PETITIONER BROTHER BEFORE THE VILLAGE OFFICER DATED 30.03.2023