Kerala High Court
Chinthavalappu Flat Owners ... vs State Of Kerala on 16 December, 2025
W,P(C) No.42739 of 2025
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2025:KER:96830
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 16TH DAY OF DECEMBER 2025/25TH AGRAHAYANA,
1947
WP(C) NO.42739 OF 2025
PETITIONERS:
1 CHINTHAVALAPPU FLAT OWNERS ASSOCIATION,
CHINTHAVALAPPU, REG NO.580/2007, RAM MOHAN ROAD,
PUTHIYARA POST, KOZHIKODE,
REPRESENTED BY ITS SECRETARY T.K. VINIDKUMAR,
S/O.T.K.SANKARAN BLOCK NO.5, CHITHAVALAPPU FLAT,
P.O. PUTHIYARA, CALICUT, PIN - 673004
2 KOZHIKODE BHAVANA NIRMANA SAHAKARANA SANGHAM LTD
NO.F 1867, ERANHIPALAM POST, KOZHIKODE,
REPRESENTED BY ITS SECRETARY, K.M. RADHAKRISHNAN,
S/O.K.M.APPU NAIR, CHERUVALATH HOUSE,
PAVANDOOR P.O., KOZHIKODE DISTRICT, PIN - 673006
BY ADVS.
SRI.K.P.SUDHEER
SMT.ARUNDHATI NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
W,P(C) No.42739 of 2025
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2 LAND REVENUE COMMISSIONER
OFFICE OF THE LAND REVENUE COMMISSIONER,
PUBLIC OFFICE BUILDING,
THIRUVANANTHAPURAM, PIN - 695033
3 DISTRICT COLLECTOR
KOZHIKODE, CIVIL STATION, ERANHIPALAM,
KOZHIKODE, PIN - 673020
4 REVENUE DIVISIONAL OFFICER
KOZHIKODE, CIVIL STATION, ERANHIPALAM,
KOZHIKODE, PIN - 673020
5 THE TAHASILDAR (LR)
KOZHIKODE TALUK, TALUK OFFICE, CIVIL STATION,
ERANHIPALAM, KOZHIKODE DISTRICT, PIN - 673020
6 THE VILLAGE OFFICER
KOZHIKODE KASABA VILLAGE, VILLAGE OFFICE,
PUTHIYARA, KOZHIKODE DISTRICT, PIN - 673004.
BY ADV.
AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W,P(C) No.42739 of 2025
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JUDGMENT
Petitioners seek Ext.P8 application preferred under Section 6A of the Kerala Land Tax Act, 1961, to be considered expeditiously by the 5th respondent/Tahsildar. Learned counsel for the petitioners would submit that the property in question was acquired by the Government way back in 1973 and Ext.P1 is the Award passed.
2. In view of the authoritative pronouncement of a Division Bench of this Court in the State of Kerala and Others v. Binu Mathew Chacko and Others [2020 (6) KHC 717], learned counsel for the petitioners would submit that it should be presumed that, whatever inhibitions and prohibitions remained in the property were rectified by the Government or the statutory authorities in order to make it a building site. If that be so, recourse to Section 27A of W,P(C) No.42739 of 2025 . .4..
2025:KER:96830 the Kerala Conservation of Paddy Land and Wetland Act, 2008, is not necessary at all. All what the petitioners are required to do as per law is to file an application under Section 6A seeking reclassification of the land in the revenue records. In support of the above assertion, learned counsel would also submit that the existence of, as many as, 56 coconut trees, along with other trees, which were aged more than 30-35 years, has been noted in Ext.P1 Award passed on 29.10.1973. That being so, there cannot be any question of the land being a wetland at the relevant time.
3. Opposing the above submissions, learned Senior Government Pleader would submit that the judgment in Binu Mathew Chacko (supra) is not applicable in the instant facts, since the property has been acquired by a Co-operative Society; and not by the Government or any statutory body.
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4. Having heard the learned counsel appearing for the respective parties, this Court, at this stage, need not opine on the relative merits of the contentions, inasmuch as Ext.P8 application is pending before the 5th respondent/Tahsildar. All what is required is to direct the 5th respondent to consider Ext.P8 application, in accordance with law, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Petitioners will produce a copy of this judgment before the 5th respondent, for compliance. Needless to say that the petitioners, as also, other affected parties, if any, will be afforded with an opportunity of being heard, before taking a call in Ext.P8.
This Writ Petition will stand disposed of, as above.
Sd/-
C. JAYACHANDRAN, JUDGE ww W,P(C) No.42739 of 2025 . .6..
2025:KER:96830 APPENDIX OF WP(C) NO. 42739 OF 2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF AWARD NO. 16/73 DATED 29/10/1973 PASSED BY THE SPECIAL TAHASILDAR, LAND ACQUISITION, KOZHIKODE. EXHIBIT P1(A) TYPED COPY OF EXHIBIT P1 AWARD. EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF THE STRUCTURAL AUDIT REPORT PREPARED BY THE DEPARTMENT OF CIVIL ENGINEERING, NATIONAL INSTITUTE OF TECHNOLOGY, KOZHIKODE. EXHIBIT P3 TRUE COPY OF REQUEST SUBMITTED BY THE PETITIONERS TO THE LAND REVENUE COMMISSIONER.
EXHIBIT P4 TRUE COPY OF COMMUNICATION DATED 26/07/2024 ISSUED BY THE LAND REVENUE COMMISSIONER TO THE PETITIONERS.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 04/12/2020 IN W.A. NO.1419/2020, STATE OF KERALA AND OTHERS VS BINU MATHEW CHACKO AND OTHERS REPORTED IN 2020 (6) KHC 717. EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 21/03/2023 IN W.P. (C) NO.41155 OF 2022 PASSED BY THIS HONOURABLE COURT.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 19/05/2022 IN W.P. (C) NO.22001/2021 AND CONNECTED CASES PASSED BY THIS HONOURABLE COURT (REPORTED IN 2022 KHC ONLINE 1112). W,P(C) No.42739 of 2025
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2025:KER:96830 EXHIBIT P8 TRUE COPY OF APPLICATION DATED 04.11.2025 SUBMITTED BY THE PETITIONERS BEFORE THE TAHASILDAR (LR) KOZHIKODE.
EXHIBIT P9 TRUE COPY OF ACKNOWLEDGMENT RECEIPT ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT.