Kerala High Court
Muhammed Musthafa T vs Perinthalmanna Municipality on 9 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 36421 OF 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
WP(C) NO. 36421 OF 2025
PETITIONER/S:
MUHAMMED MUSTHAFA T
AGED 56 YEARS
S/O MUHAMMED MUSLIYAR, RESIDING AT THARAYIL HOUSE,
00, MAKKARAPARAMBA, MALAPPURAM, PIN - 676505
BY ADVS.
SRI.T.C.SURESH MENON
SRI.B.DEEPAK
SMT.ANNA ROSE
RESPONDENT/S:
1 PERINTHALMANNA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, PALAKKAD BYPASS ROAD,
PATHANIKKARA, PERINTHALMANNA, PIN - 679322
2 THE SECRETARY
PERINTHALMANNA MUNICIPALITY, PALAKKAD BYPASS ROAD,
PATHANIKKARA, PERINTHALMANNA, PIN - 679322
3 REVENUE DIVISIONAL OFFICER
PERINTHALMANNA, OFFICE OF THE REVENUE DIVISIONAL
OFFICER, SHORNUR PERINTHALMANNA ROAD,
WP(C) NO. 36421 OF 2025 2
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PERINTHALMANNA, PIN - 679322
OTHER PRESENT:
GP SMT PREETHA K K , SRI P C SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 36421 OF 2025 3
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P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 36421 of 2025
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Dated this the 9th day of February, 2026
JUDGMENT
The above writ petition is filed with following prayers :
(i) "issue a writ in the nature of mandamus directing respondents 1 and 2 to process Ext.P8 application for a revised building permit without insisting upon fresh orders under the Kerala Conservation of Paddy and Wetland Act, 2008;
(ii) issue a writ in the nature of mandamus directing respondents 1 and 2 to consider Ext.P8 application for revised building permit in the light of Ext.P1 to P6 orders passed by the 3rd respondent under the KLU;
(iii) declare that fresh orders under the Kerala Conservation of Paddy and Wetland Act, 2008 is not required to consider the petitioner's claim for a revised building permit when orders in respect to the very same land has been passed by the 3rd respondent under the KLU;
(iv) dispense with the filing of translation of vernacular documents; and WP(C) NO. 36421 OF 2025 4 2026:KER:11943
(v) issue such other writ, order or direction as this honourable court deems fit and proper in the circumstances of the case." [sic]
2. The petitioner is the owner in possession of 64.67 ares of land in Sy.No. 21/3A, 22/6, 22/7, 23/2 and 23/4 of Perinthalmanna Village in Malappuram District, which is within the jurisdiction of 1st respondent-Municipality. The above property is covered by orders passed under the KLU by the 3rd respondent in favour of the petitioner as well as that of his predecessor-in-interest. Exts. P1 to P6 are the KLU orders.
Based on Ext.P7 building permit, a commercial building construction is started by the petitioner in the property is the submission. The petitioner who was desirous of making some additional construction applied for a revised building permit before the Municipality and the respondent Nos. 1 and 2 refused to process the same stating that the petitioner has to obtain fresh orders under the Kerala Conservation of Paddy WP(C) NO. 36421 OF 2025 5 2026:KER:11943 Land and Wetland Act, 2008 (for short 'Act'). Hence, this writ petition is filed.
3. Heard the learned counsel for the petitioner, the Government Pleader and the Standing Counsel appearing for the Municipality.
4. The main grievance of the petitioner is that Ext.P8 is not processed. A counter affidavit is filed by the 3 rd respondent. It will be better to extract the relevant portion of the counter affidavit.
4. "It is submitted that as per the affidavit filed by the petitioner, he is in possession of 64.67 ares of land in Survey No. 21/3A, 22/6, 23/2, 23/4 of Perinthalmanna Village, Perihalmanna Taluk in Malappuram District. Upon cross- checking the Kerala Land Utilization (KLU) orders mentioned in the petition with the available KLU registers in this office, the KLU orders number K dis/ 1509/2004 dated 28-02-2004 (0/5441/2003 dated 14-08-2003), K. Dis/8763/200 dated 11-12- 2003, K Dis/851/2003 dated 17-02-2003 dated 17-02-2003, K Dis/852/2003 dated 17-02-2003 arc found in the register. K Dis 7019/2002 dated 03-10-2002, K Dis/1876/2004 dated 06-06- 2004 were not found in the register.
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5. Further, cases have been registered and investigations are being conducted by the Malappuram Vigilance and the Station House Officers of Malappuram and Wandur in connection with the allegation that fake conversion orders were created and issued for lands included in the survey numbers coming under Melmuri and Malappuram Villages of Eranad Taluk under the Perinthalmanna Sub-Divvision, based on files H2-4932/2003, H2-4961/2002, H2-3219/2003 and H2-2011/2002: Action regarding this matter is also being taken in this office in File No. RDOPTM/5988/2024-M2."
4. From the above, the 3rd respondent reported that there is some investigation is going on regarding the issuance of KLU orders. The counsel for the petitioner submitted that the petitioner is ready to file an affidavit before the Municipality that if ultimately the KLU orders are found to be not acceptable, he is ready to obtain orders under Sec. 27A of the Act. If that is the case, I think such a direction can be issued. But, I make it clear that the authority concerned is free to proceed with the investigation as far as the KLU orders, WP(C) NO. 36421 OF 2025 7 2026:KER:11943 as evident by Exts.P1 to P6, in accordance with law and take appropriate steps in it.
Therefore, this writ petition is disposed of with the following directions :
1) The petitioner is free to file an affidavit before the 1 st respondent stating that, if ultimately it is found that Exts.P1 to P6 are not acceptable, he will obtain necessary orders under Sec. 27A of the Act.
2) If such an affidavit is filed, the 2nd respondent will process Ext.P8 without insisting upon orders under Sec.27A of the Act, as expeditiously as possible, at any rate, within 30 days from the date of receipt of the affidavit, in accordance with law. I also make it clear that Ext.P8 need to be processed, only if the application is otherwise in order.
3) I make it clear that the authority concerned is free proceed against Exts.P1 to P6 in accordance with law, WP(C) NO. 36421 OF 2025 8 2026:KER:11943 after giving an opportunity of hearing to the petitioner .
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 09/02/2026
Judgment dictated 09/02/2026
Draft judgment placed 11/02/2026
Final judgment uploaded 17/02/2026
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APPENDIX OF WP(C) NO. 36421 OF 2025
PETITIONER EXHIBITS
Exhibit.P1 A TRUE COPY OF THE ORDER PASSED BY THE 3RD
RESPONDENT IN RESPECT TO 18.5 CENTS OF LAND IN SY.NO.22/6, IN FAVOR OF THE PREDECESSOR-IN-INTEREST, VIDE ORDER K.DIS.NO.7019/2002, DATED 03.10.2002 Exhibit.P2 A TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT IN RESPECT TO 18.50 CENTS OF LAND IN SY.NO.22/6 VIDE ORDER K.DIS.NO.8763/2003, DATED 11.12.2003 Exhibit.P3 A TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT VIDE NO.K.DIS.851/2003, DATED 17.02.2003 Exhibit.P4 A TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT IN SY.NO.23/2, IN RESPECT TO 17.23 CENTS OF PROPERTY VIDE ORDER NO.
K.DIS.852/2023, DATED 17.02.2023 Exhibit.P5 A TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT VIDE NO.K.DIS.1876/2004 DATED 06.06.2004 Exhibit.P6 A TRUE COPY OF THIS ORDER VIDE NO.K.DIS.
1509/2004, DATED 28.02.2004 Exhibit.P7 A TRUE COPY OF THIS BUILDING PERMIT VIDE NO.BA731/17-18, DATED 13.04.2018 Exhibit.P8 TRUE COPY OF THIS APPLICATION FOR A REVISED BUILDING PERMIT SUBMITTED THROUGH K-SMART, DATED 05.08.2025 Exhibit.P9 A TRUE COPY OF THIS N.O.C. VIDE NO.
FRS/10/PMNA/33485/2025/SITE, DATED 04.08.2025