Kerala High Court
Muhammed Resli , S/O.M.M Makkar vs State Of Kerala on 18 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 25517 OF 2024 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 18TH DAY OF AUGUST 2025 / 27TH SRAVANA, 1947
WP(C) NO. 25517 OF 2024
PETITIONER:
MUHAMMED RESLI , S/O.M.M MAKKAR,
AGED 39 YEARS, MUKKANNIYIL HOUSE , KAVUMKARA, MARKET
P.O, MUVATTUPUZHA , ERNAKULAM DISTRICT REPRESENTED BY
THE POWER OF ATTORNEY HOLDER, M M MAKKAR, S/O
MEERAKUTTY, AGED 80 YEARS , MUKKANNIYIL HOUSE ,
KAVUMKARA, MARKET P.O , MUVATTUPUZHA , ERNAKULAM
DISTRICT, PIN - 686673
BY ADVS.
SRI.ALEXANDER JOSEPH
SMT.AKHILASREE BHASKARAN
SHRI.ANTONY NIKHIL REMELO
SHRI.AJITH SUNNY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR , ERNAKULAM DISTRICT,
CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT,
PIN - 682030
3 THE REVENUE DIVISIONAL OFFICER,
FIRST FLOOR, KB JACOB ROAD FORT KOCHI,
ERNAKULAM DISTRICT, PIN - 682001
4 THE TAHSILDAR , KANAYANNUR TALUK,
KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK,
WP(C) NO. 25517 OF 2024 2
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MARINE DRIVE, KOCHI, ERNAKULAM DISTRICT, PIN - 682011
5 THE VILLAGE OFFICER,
EDAPPALLY NORTH VILLAGE, PONEKKARA, EDAPPALLY ,
ERNAKULAM DISTRICT, PIN - 682024
BY SR.GP.SMT.PREETHA K.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25517 OF 2024 3
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JUDGMENT
Dated this the 18th day of August, 2025 The writ petition is filed to direct the respondents to effect the changes in the revenue records as per Ext.P5 order expeditiously.
2. The petitioner is the co-owner in possession of 3.83 Ares of land comprised in Re-Survey No.3 in Block 107 in Edappally North Village, covered under Ext.P2 land tax receipt. The respondents have erroneously classified the land as 'Nilam' in the revenue records. To change the nature of the property in the revenue records, the petitioner has submitted a Form 6 application under Section 27A read with Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008, ('Act and Rules' in short) before the 3 rd respondent. By Ext.P3 notice, the 3rd respondent had directed the petitioner to remit Rs.49,24,200 as the conversion fee. As the extent of the property is less than 25 cents, the WP(C) NO. 25517 OF 2024 4 2025:KER:61931 petitioner challenged Ext.P3 notice before this Court by filing W.P(C) No.20154/2021. By Ext.P4 judgment, this Court quashed Ext.P3 notice and directed the respondents to issue the conversion certificate. Consequently, by Ext.P5 order the 3rd respondent allowed the application without payment of fee. Even though Ext.P5 order was passed on 23.02.2023, the respondents are not changing the nature of the property in the revenue records. The inaction on the part of the respondents is illegal and arbitrary. Hence, the writ petition.
3. In statement filed by the 2nd respondent, it is contended that as per the report of the Village Officer, in the re-survey that was conducted in the area, it is found that the petitioner is in possession of 3.86 Ares of land instead of 3.83 Ares. It was in the above circumstances that the conversion certificate has not been issued and the nature of the property has not been changed in the revenue records.
4. Heard; the learned counsel for the petitioner and the learned Senior Government Pleader. WP(C) NO. 25517 OF 2024 5
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5. The petitioner's specific case is that, he is the co-owner in possession of 3.83 Ares of land which is covered under Ext.P2 land tax receipt. However, in Ext.P5 order, the respondents have stated that the petitioner is in possession of 3.86 Ares of land that is an excess of 3 Sq.Metres due to the re-survey. The petitioner states that he would be satisfied if the respondents issue the conversion certificate in respect of 3.83 Ares of land only over which he has title and that consequential changes be made in the revenue records.
6. In view of the fact that the petitioner has title only over 3.83 Ares of land and he has filed an application only in respect of the said extent of land, I am of the definite view that the respondents are to be directed to change the nature of the property in respect of 3.83 Ares of land and issue the conversion certificate.
In the aforesaid circumstances, I allow the writ petition by directing the 3rd respondent to issue conversion certificate in favour of the petitioner and his co-owner for WP(C) NO. 25517 OF 2024 6 2025:KER:61931 3.83 Ares of land and make consequential changes in the revenue records. The above exercise shall be completed, in accordance with law, and as expeditiously as possible, at any rate, within 60 days from the date of production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS JUDGE NAB WP(C) NO. 25517 OF 2024 7 2025:KER:61931 APPENDIX OF WP(C) 25517/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE THANDAPER ACCOUNT NO.
11985 IN THE NAME OF THE PETITIONER AND HARRIS BABU EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT NO KL07022507563/2022 DATED 18.08.2022 ISSUED BY THE 5TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE NOTICE NO. K3-1492/2021 DATED 29.07.2021 OF THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 22.02.2022 IN W.P© NO. 20154/2021 OF THIS HON'BLE COURT EXHIBIT P5 TRUE COPY OF THE ORDER NO RDOCHN/1492/2021- K3 DATED 23/02/2023 OF THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE REPORT NO 343/2023 DATED 08.08.2023 OF THE 5TH RESPONDENT TO THE 4TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE LAWYER NOTICE DATED 13/06/2024 SENT TO THE RESPONDENTS 1, 2, 3 AND 5 EXHIBIT P8 TRUE COPY OF THE DIRECTION NO DCEKM/6226/2024-L-10/K.DIS DATED 04/07/2024 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT