Kerala High Court
Thadapparambil Alavi [Deceased] vs State Of Kerala on 3 December, 2025
2025:KER:93510
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA, 1947
WP(C) NO. 29581 OF 2012
PETITIONERS:
1 THADAPPARAMBIL ALAVI [DECEASED]
AGED 59 YEARS
S/O.AHAMMED, THADAPPARAMBIL, KUMARANALLOOR
POST,KOZHIKODE DISTRICT.
2 POOZHIYOREMMAL KALLYANI DO.BICHEERAN THADAPPARAMBIL
KUMARANALLOOR POST, KOZHIKODE DISTRICT.
3 KANNANKUTTY [DECEASED]
S/O.KANNANKUTTY, THADAPPARAMBIL,
KUMARANALLOOR POST, KOZHIKODE DISTRICT.
4 GOPALAN,
S/O.PIRUNGACHI PARATHAMPARAMBATH HOUSE
ALLI DESOM, KUMARANALLOOR POST, KOZHIKODE DISTRICT.
ADDL.P5 THADAPPARAMBIL RUKHIKA,
W/O.LATE THADAPPARAMBIL ALAVI, AGED 70 YEARS,
THADAPPARAMBIL, KUMARANALLOOR POST, KOZHIKODE DISTRICT,
673602.
ADDL.P6 THADAPPARAMBIL SAIFUDHEEN,
S/O.LATE THADAPPARAMBIL ALAVI, AGED 50 YEARS,
THADAPPARAMBIL KUMARANALLOOR POST, KOZHIKODE DISTRICT -
673602.
ADDL.P7 THADAPPARAMBIL ABDUL BASHEER,
S/O.LATE THADAPPARAMBIL ALAVI, AGED 48 YEARS,
THADAPPARAMBIL, KUMARANALLOOR POST,
KOZHIKODE DISTRICT - 673602.
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ADDL.P8 THADAPPARAMBIL SULFIKKAR ALI,
S/O.LATE THADAPPARAMBIL ALAVI, AGED 46 YEARS,
THADAPPARAMBIL KUMARANALLOOR POST, KOZHIKODE DISTRICT -
673602.
ADDL.P9 THADAPPARAMBIL ABDUL KAREEM,
S/O.LATE THADAPPARAMBIL ALAVI, AGED 44 YEARS,
THADAPPARAMBIL KUMARANALLOOR POST, KOZHIKODE DISTRICT -
673602.
ADDL.P10 THADAPPARAMBIL KHAIROOB,
S/O.LATE THADAPPARAMBIL ALAVI, AGED 33 YEARS,
THADAPPARAMBIL KUMARANALLOOR POST, KOZHIKODE DISTRICT -
673602.
ADDL.P11 ADDL.P11. THADAPPARAMBIL USMAN,
S/O.LATE THADAPPARAMBIL ALAVI, AGED 30 YEARS,
THADAPPARAMBIL KUMARANALLOOR POST, KOZHIKODE DISTRICT -
673602.
ADDL.P12 KARTHYAYANI,
W/O.LATE KANNANKUTTY, AGED 67 YEARS, THADAPPARAMBIL
KUMARANALLOOR POST, KOZHIKODE DISTRICT - 673602.
ADDL.P13 VINODINI T.,
D/O.LATE KANNANKUTTY, AGED 42 YEARS, THADAPPARAMBIL
KUMARANALLOOR POST, KOZHIKODE DISTRICT - 673602.
ADDL.P14 RADHIKA T.,
D/O.LATE KANNANKUTTY, AGED 39 YEARS, THADAPPARAMBIL
KUMARANALLOOR POST, KOZHIKODE DISTRICT - 673602.
ADDL.P15 MANOJ T.
S/O.LATE KANNANKUTTY, AGED 37 YEARS, THADAPPARAMBIL
KUMARANALLOOR POST, KOZHIKODE DISTRICT - 673602. [THE
LEGAL HEIRS OF THE DECEASED FIRST AND THIRD PETITIONERS
ARE IMPLEADED AS ADDITIONAL PETITIONERS P5 TO P15 AS
PER ORDER DATED 12/11/2025 I.A.1/2024 IN
WP(C)29581/2012].
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WP(C) NO. 29581 OF 2012
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BY ADVS.
SHRI.S.K.KRISHNAKUMAR
SHRI.MANEKSHA D.
SHRI.JERALD V.F.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695023.
2 THE LAND REVENUE COMMISSIONER PUBLIC OFFICES BUILDING
THIRUVANANTHAPURAM 695023.
3 THE DISTRICT COLLECTOR, KOZHIKODE, COLLECTORATE,
CIVIL STATION, KOZHIKODE - 673020.
4 THE TAHSILDAR,KOZHIKODE TALUK, CIVIL STATION
KOZHIKODE - 673020.
5 MR.V.M.MICHAEL VEETHIYANKAL HOUSE THEKKUMKUTHY
P.O.ALLI, KOZHIKODE DISTRICT - 673602.
6 MR.BABU MATHEW KARAPPILLILA HOUSE P.O KOOMBARA
KOZHIKODE DISTRICT - 673604.
BY ADV SRI.T.G.RAJENDRAN
OTHER PRESENT:
SMT.K.M.RESHMI, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 29581 OF 2012
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JUDGMENT
1. The petitioners have filed this Writ Petition challenging Ext.P3 Order of the 3rd respondent, under Rule 29(8) of the Kerala Land Reforms (Ceiling) Rules, 1970, directing to cancel assignment of land in favor of the petitioners and to resume the land on the allegation that the petitioners violated Rule 29(8) of the Kerala Land Reforms (Ceiling) Rules, 1970, Ext.P7 Appellate Order passed by the 2nd respondent and Ext.P8 Revisional Order finding that there is no appeal provided under the Kerala Land Reforms Act, 1963, against Ext.P3 Order.
2. When this matter was taken up for hearing, the learned Senior Government Pleader pointed out that the remedy of the petitioners against Ext.P3 is to file a Revision in this Court under Section 103 of the Kerala Land Reforms Act, 1963. On going through Section 103, there is no revision provided against the Order of the District Collector. In view of Section 128A of the Kerala Land Reforms Act, the Land Board may delegate any of its powers under the Act to 2025:KER:93510 WP(C) NO. 29581 OF 2012 5 the District Collector. The power under Rule 29(8) of the Kerala Land Reforms (Ceiling) Rules is to be exercised by the Land Board, and the District Collector has exercised the same as delegated by the Land Board. In such a case, Revision against Ext.P3 Order is the remedy under Section 103 of the Kerala Land Reforms Act. Hence, I dismiss this Writ Petition, giving liberty to the petitioners to file Revision under Section 103 of the Kerala Land Reforms Act against Ext.P3 Order. The petitioners are free to seek exclusion of time spent in this Writ Petition under Section 14 of the Limitation Act. In order to enable the petitioners to file the Revision, the further proceedings on Ext.P3 is kept in abeyance for a period of one month.
Sd/-
M.A.ABDUL HAKHIM JUDGE mus 2025:KER:93510 WP(C) NO. 29581 OF 2012 6 APPENDIX OF WP(C) NO. 29581 OF 2012 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN W.P.(c) NO.
31168/2009 OF THIS HON'BLE COURT.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN W.A.NO. 271/2010 OF THIS HON'BLE COURT.
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS DATED 11.1.2011 OF 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE APPEAL FILED BY 1ST PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4(A) TRUE COPY OF THE STAY PETITION FILED BY 1ST PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P5(A) TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
5117/2011 DATED 1-3-2011 OF THIS HON'BLE COURT.
EXHIBIT P7 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 3-5-2012 EXHIBIT P8 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 9-7-2012.