Kerala High Court
Dr. Shamsuddeen vs State Of Kerala on 25 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.2779 of 2024
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2025:KER:90845
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 25TH DAY OF NOVEMBER 2025 / 4TH AGRAHAYANA, 1947
WP(C) NO. 2779 OF 2024
PETITIONER(S):
DR. SHAMSUDDEEN,
AGED 54 YEARS, S/O. MOHAMMED,KALAPPEEDIKAYIL,
PURAMERI P. O.,KOZHIKODE DISTRICT, KERALA,CURRENTLY
RESIDING AT: NO. 5, CENOTAPH ROAD, 1ST
LANE,ALWARPET, TEYNAMPET, CHENNAI,TAMIL NADU,
PIN - 600018
BY ADVS.
SRI.MOHAMMED SADIQUE.T.A
SHRI.T.H.ABDUL AZEEZ
SHRI.SHANKAR V.
SHRI.K.M.MOHAMMED YUSUFF (M-1323)
SRI.K.P.MAJEED
RESPONDENT(S):
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, REVENUE
DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695001
2 THE DISTRICT COLLECTOR,
KOZHIKODE, DISTRICT COLLECTOR OFFICE, KOZHIKODE
COLLECTORATE, CIVIL STATION P. O., KOZHIKODE
DISTRICT,KERALA, [email protected], PIN - 673020
3 THE TAHSILDAR
TALUK OFFICE, VADAKARA, VADAKARA MINI CIVIL
STATION, COURT ROAD, VATAKARA, KOZHIKODE
DISTRICT,KERALA, [email protected],
PIN - 673101
W.P.(C) No.2779 of 2024
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2025:KER:90845
4 THE VILLAGE OFFICER,
PURAMERI VILLAGE OFFICE, PURAMERI - KUNINGAD ROAD,
PURAMERI P. O., KOZHIKODE DISTRICT,KERALA, VO-
[email protected], PIN - 673503
5 THE SPECIAL VILLAGE OFFICER,
PURAMERI VILLAGE OFFICE,PURAMERI - KUNINGAD
ROAD,PURAMERI P. O., KOZHIKODE DISTRICT,KERALA,VO-
[email protected], PIN - 673503
BY ADV.:
SR GP, SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.2779 of 2024
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2025:KER:90845
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.2779 of 2024
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Dated this the 25th day of November, 2025
JUDGMENT
The above writ petition is filed seeking the following reliefs:
"i. to issue a Writ of Certiorari calling for the records leading to the issuance of Exhibits P5 to P8 and to set aside the same;
ii. to issue a Writ of Mandamus of any other Writ, Order or Direction, directing respondents to cancel the entry made in Exhibit P8 pursuant to the proceedings under Exhibit P6 and P7.
iii. Petitioner may be permitted to dispense with the filing of translation of the vernacular documents. iv. Issue such other appropriate Writ, Order, Direction or Reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
[SIC]
2. The petitioner who is the owner of the land covered by Ext.P1 document, initiated his construction activities therein, which was stopped by the 4 th respondent by issuance of Ext.P5 stop memo is the submission. In Ext.P5, it is stated that, his land which W.P.(C) No.2779 of 2024 4 2025:KER:90845 was a 'Purayidam' is now fall under the purview of Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008. It is submitted that, on further enquiry and verification by the petitioner, Exts.P6 and P7 orders were obtained and Exts.P6 and P7 were found to be passed without notice to the petitioner and violating the fundamental principles of natural justice is the submission. Hence, this Writ Petition is filed.
3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.
4. The main prayer in this writ petition is to set aside Exts.P5 to P8. The short point raised by the petitioner is that these proceedings are issued without giving notice to the petitioner. A statement is filed by the 3rd respondent. In the statement also, there is nothing to show that any notice is given to the petitioner before passing these orders. I am of the considered opinion that these proceedings are to be set aside because the orders are passed without giving an W.P.(C) No.2779 of 2024 5 2025:KER:90845 opportunity of hearing to the petitioner. If law permits, the respondents can do the needful, in accordance with law, after giving an opportunity of hearing to the petitioner.
Therefore, this writ petition is allowed in the following manner:
1. Exts.P5 to P8 proceedings are set aside.
2. Consequently, necessary corrections should be made in Ext.P4, within a period of two months from the date of receipt of a certified copy of this judgment.
3. I make it clear that, if further change of the nature of the property of the petitioner is possible as per law, the respondents can do the needful, in accordance with law, after giving sufficient opportunity of hearing to the petitioner. Sd/-
P.V.KUNHIKRISHNAN, JUDGE nvj Judgment reserved NA Date of Judgment 25.11.2025 Judgment dictated 25.11.2025 Draft Judgment placed 25.11.2025 Final Judgment uploaded 27.11.2025 W.P.(C) No.2779 of 2024 6 2025:KER:90845 APPENDIX OF WP(C) 2779/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE GIFT DEED DOCUMENT NO. 715/2023 OF SRO, EDACHERI Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT IN RESPECT OF EXHIBIT P1 PROPERTY DATED 17.02.2020 Exhibit P3 THE TRUE COPY OF THE EXTRACT OF THE THANDAPER ACCOUNT NO. 3231 DATED 01.12.2017 Exhibit P4 A TRUE COPY OF THE RELEVANT PAGE OF THE BASIC TAX REGISTER WITH RESPECT TO THE SUBJECT LAND AS IT STOOD BEFORE EXHIBIT P1 DOCUMENT OBTAINED UNDER THE RIGHT TO INFORMATION ACT ON 19.06.2023 Exhibit P5 TRUE COPY OF THE STOP MEMO DATED 27.09.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P6 THE TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT SIGNED BY THE 5TH RESPONDENT DATED 19.06.2023 OBTAINED UNDER THE RIGHT TO INFORMATION ACT Exhibit P7 THE TRUE COPY OF THE PROCEEDINGS DATED 26.09.2023 OF THE 3RD RESPONDENT OBTAINED UNDER THE RIGHT TO INFORMATION ACT Exhibit P8 A TRUE COPY OF THE RELEVANT PAGE OF THE BASIC TAX REGISTER AS IT STOOD AFTER ISSUANCE OF EXHIBIT P6 AND P7 WITH RESPECT TO THE SUBJECT PROPERTY DATED 29.09.2023