Kerala High Court
Mfar Beach Resorts (P) Ltd vs The District Collector on 10 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.23953 of 2025
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2025:KER:95384
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 10TH DAY OF DECEMBER 2025 / 19TH AGRAHAYANA, 1947
WP(C) NO. 23953 OF 2025
PETITIONER(S):
MFAR BEACH RESORTS (P) LTD
REPRESENTED BY ITS DIRECTOR, SAFIYA RAHMAN, W/O
RAHMAN, 705 D, MFAR HOTELS LTD, NH 47 BYEPASS,
KUNDANNOOR JUNCTION, MARADU P.O, ERNAKULAM, RESIDING
AT PARAMBATHUKANDI HOUSE, WARD NO. 59, THRISSUR
CORPORATION, THRISSUR,, PIN - 680003
BY ADVS.
SMT. ARYA ASHOKAN
SHRI.PRAVEEN K. JOY
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
1ST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR,
PIN - 680003
2 THE REVENUE DIVISIONAL OFFICER
THRISSUR REVENUE DIVISIONAL OFFICE, CIVIL STATION,
AYYANTHOLE, THRISSUR, PIN - 680003
3 THE TAHASILDAR (L.R)
THRISSUR TALUK OFFICE, CIVIL STATION, AYYANTHOLE,
THRISSSUR, PIN, PIN - 680003
4 THE VILLAGE OFFICER
ALANGAD VILLAGE OFFICE, CIVIL STATION, AYYANTHOLE,
THRISSSUR, PIN - 680003
BY ADV.:
GP, SMT. PREETHA K.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23953 of 2025
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P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.23953 of 2025
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Dated this the 10th day of December, 2025
JUDGMENT
The above writ petition is filed seeking the following reliefs:
"I. Issue a writ of certiorari or any other appropriate writ, order or direction to quash the Exhibit P9 order passed by the 3rd Respondent.
II. Issue a writ of certiorari or any other appropriate writ, order or direction to quash the Exhibit P10 demand notice issued by the 3rd Respondent.
III. Issue a writ of mandamus or any other appropriate writ, order or direction to 3rd respondent to permanently change the nature of extent of 1 hectare 79.75 ares of land comprised in Survey Nos. 419/5, 421/1-1, 421/1-3, 421/1-4, 421/1-5, 422/2-3, 422/2- 4, 423/PT1, 423/PT2, 423/PT4, 423/PT5, 424/PT1, 422/2-1, 422/2-2, 423/PT3, 423/PT6, 421/1-2, 424/PT2 in Ayyanthole Village, Thrissur Taluk of Thrissur District owned by the petitioner as 'purayidom'in the revenue records and in the BTR. IV. To declare that the petitioner is entitled for a permanent change in the nature of extent of 1 hectare 79.75 ares of land comprised in Survey Nos. 419/5, 421/1-1, 421/1-3, 421/1-4, 421/1-5, 422/2-3, 422/2-4, 423/PT1, 423/PT2, 423/PT4, 423/PT5, 424/PT1, 422/2-1, 422/2-2, 423/PT3, 423/PT6, 421/1-2, 424/PT2 in Ayyanthole Village, Thrissur Taluk of Thrissur District owned by the petitioner as 'purayidom' in the revenue records and in W.P.(C) No.23953 of 2025 3 2025:KER:95384 the BTR.
V. Translation of vernacular documents produced as exhibits in this case may be dispensed with as the same will be produced as and when directed by this Hon'ble Court; and VI. Grant such other reliefs which are appropriate and incidental to this proceeding and which this Hon'ble Court deems fit and proper." [SIC]
2. The petitioner is the absolute owner of 1 hectare 79.75 ares of land in Ayyanthole Village, Thrissur District is the submission. The property of the petitioner is classified as 'Nilam' in the revenue records and the land is not included in the data bank is the submission. The petitioner's predecessor had obtained permission for non-
agricultural use of the land in 1995 under the Kerala Land Utilization Order (KLU) as evident by Ext.P2 to P2(e) is the further submission. Subsequently, the petitioner submitted a Form-A application under the Kerala Land Tax Act on 28.01.2025 to change the land classification to 'purayidom' as evident by Ext.P4. This Court directed to consider the same. Subsequently Ext.P9 order is passed and Ext.P10 demand notice is issued to the petitioner. But in the order W.P.(C) No.23953 of 2025 4 2025:KER:95384 it is stated that "സ്വഭാവ വ്യതിയാനം വരുത്തിയ പുരയിടം". According to the petitioner, the classification of land ought to have been as "purayidom". The petitioner relied Ext.P11 judgment of this Court. Hence, this Writ Petition is filed.
3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.
4. After hearing both sides and also perusing Ext.P11 judgment, I think there is force in the argument of the petitioner. The point raised by the petitioner in this writ petition is covered in favour of the petitioner in Exts.P11 and P12 judgments. Therefore, the prayer in this writ petition is to be allowed.
Therefore, this Writ Petition(C) is allowed in the following manner:
1. The 3rd respondent is directed to make necessary changes in Exts.P9 and P10 regarding the classification of land as "purayidom" instead of " സ്വഭാവ വ്യതിയാനം വരുത്തിയ പുരയിടം". Necessary orders shall be W.P.(C) No.23953 of 2025 5 2025:KER:95384 passed within a period of 30 days from the date of receipt of a certified copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 10.12.2025
Judgment dictated 10.12.2025
Draft Judgment placed 10.12.2025
Final Judgment uploaded 11.12.2025
W.P.(C) No.23953 of 2025
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APPENDIX OF WP(C) NO. 23953 OF 2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED 10.07.2024 Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS BEARING NUMBER K.DIS.3412/95 D1 DATED 12.05.1995 ISSUED BY THE 2ND RESPONDENT Exhibit P2(a) THE TRUE COPY OF THE PROCEEDINGS BEARING NUMBER K.DIS.3413/95 D1 DATED 12.05.1995 ISSUED BY THE 2ND RESPONDENT Exhibit P2(b) THE TRUE COPY OF THE PROCEEDINGS BEARING NUMBER K.DIS.3414/95 D1 DATED 12.05.1995 ISSUED BY THE 2ND RESPONDENT Exhibit P2(c) THE TRUE COPY OF THE PROCEEDINGS BEARING NUMBER K.DIS.3415/95 D1 DATED 12.05.1995 ISSUED BY THE 2ND RESPONDENT Exhibit P2(d) THE TRUE COPY OF THE PROCEEDINGS BEARING NUMBER K.DIS.3424/95 D1 DATED 22.05.1995 ISSUED BY THE 2ND RESPONDENT Exhibit P2(e) THE TRUE COPY OF THE PROCEEDINGS BEARING NUMBER K.DIS.6571/95 D1 DATED 19.06.1995 ISSUED BY THE 2ND RESPONDENT Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK Exhibit P4 THE TRUE COPY OF THE FORM A APPLICATION DATED 28.01.2025 BEFORE THE 3RD RESPONDENT Exhibit P5 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 10.02.2025 EVIDENCING THE RECEIPT OF THE EXHIBIT P4 APPLICATION Exhibit P6 THE TRUE COPY OF THE WRIT PETITION FILED BY THE PETITIONER BEFORE THIS HON'BLE COURT NUMBERED AS W.P(C) 8977 OF 2025 Exhibit P7 THE TRUE COPY OF THE JUDGEMENT IN WP NO. 8977/2025 DATED 10.03.2025 PASSED BY THIS HON'BLE COURT Exhibit P8 THE TRUE COPY OF THE LETTER DATED 14.03.2025 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT W.P.(C) No.23953 of 2025 7 2025:KER:95384 Exhibit P9 THE TRUE COPY OF THE ORDER DATED 29.5.2025 PASSED BY THE 3RD RESPONDENT Exhibit P10 THE TRUE COPY OF THE PROVISIONAL NOTICE OF DEMAND DATED 29.05.2025 HAS BEEN ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT Exhibit P11 THE TRUE COPY OF THE JUDGEMENT OF THE SINGLE BENCH OF THIS HON'BLE COURT DATED 28.02.2024 IN W.P(C) NO. 1397 OF 2024 Exhibit P12 THE TRUE COPY OF THE JUDGEMENT IN THE TAHSILDAR AND ANOTHER VS. MANANCHIRA TOWNSHIP COMPLEX PVT LTD.
2025:KER:38016 DATED 30.05.2025