Kerala High Court
Dr.Habeeb vs State Of Kerala on 2 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:48205
WP(C) NO. 39101 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
WP(C) NO. 39101 OF 2024
PETITIONERS:
1 DR.HABEEB,
AGED 82 YEARS
S/O. SIKHANDER. TC.5/2508, GOLF LINKS ROAD,
KOWDIAR, THIRUVANANTHAPURAM DISTRICT, PIN -
695003.
2 K.MATHAI,
AGED 76 YEARS
S/O KUNJU NAINAN, ALUMOOTIL VEETIL PIDAVOOR,
PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695.
3 K. MAMACHAN,
AGED 74 YEARS
S/O KUNJU NAINAN, ALUMOOTILVEETIL, PIDAVOOR,
PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695.
BY ADV SMT.M.S.SHAMLA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030.
2025:KER:48205
WP(C) NO. 39101 OF 2024
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3 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FORT KOCHI, ERNAKULAM
DISTRICT, PIN - 682001.
4 THE VILLAGE OFFICER,
KUMBALAM VILLAGE OFFICE, KUMBALAM, ERNAKULAM
DISTRICT, PIN - 682506.
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KUMBALAM, ERNAKULAM DISTRICT, PIN -
682506.
SMT.VIDYA KURIAKOSE, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 02.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:48205
WP(C) NO. 39101 OF 2024
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C.S.DIAS, J.
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W.P.(C) No.39101 of 2024
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Dated this the 2nd day of July, 2025
JUDGMENT
The writ petition is filed to quash Ext.P13 order and direct the 3rd respondent to take steps to correct the nature and tenure of the petitioners' property in the revenue records and the basic tax register.
2. The petitioners are co-owners in possession of 97.40 Ares of land in Kumbalam Village, Kanayannur Taluk, covered under Ext.P1 sale deed and Ext.P2 land tax receipt. Out of the above extent of land, 92.4 Ares is classified as paddy land in the revenue records. To change the nature of their properties, which were filled up naturally prior to 04.07.1967, the petitioners submitted Ext.P3 application in Form-9 under Section 27A read with Rule 12(13) of the of the Kerala 2025:KER:48205 WP(C) NO. 39101 OF 2024 4 Conservation of Paddy Land and Wetland Act and Rules, 2008 ('Act and Rules' in short). But, by the impugned Ext.P13 order, the 3rd respondent has rejected Ext.P3 application. Ext.P13 order is illegal and arbitrary. Hence, the writ petition.
3. An order passed under Section 27A of the Act is appealable under Section 27B of the Act.
4. Heard, the learned Counsel for the petitioner and the learned Senior Government Pleader.
5. The learned Counsel for the petitioner submits that, as there is no specific provision to condone the delay in the Act, the appeal may not be entertained. This factor compelled the the petitioners to file the writ petition.
6. In Udayan Vasudevan v. District Collector, TVM [2025 (2) KHC 103], this Court has categorically held that, though there is no specific provision to 2025:KER:48205 WP(C) NO. 39101 OF 2024 5 condone the delay in filing an appeal under Section 27B of the Act, the said power is inherently present with a statutory authority, especially when there is a provision for appeal.
7. In light of the above exposition of law, the contention of the petitioners that the appeal may not be entertained due to the absence of power to condone the delay is misconceived.
In the aforesaid circumstances, this writ petition is dismissed, but by reserving the right of the petitioners to file an appeal under Section 27B of the Act. If such appeal is filed with a delay petition within four weeks from today, the 2nd respondent shall accept the appeal and the delay on file, condone the delay and consider the appeal on its merits and in accordance with law. The above exercise shall be carried, as expeditiously as possible. It is made clear that this Court has not 2025:KER:48205 WP(C) NO. 39101 OF 2024 6 expressed anything on the merits of Ext.P13 order. The petitioners would be at liberty to produce a copy of this writ petition along with a copy of the judgment before the 2nd respondent.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE dkr 2025:KER:48205 WP(C) NO. 39101 OF 2024 7 APPENDIX OF WP(C) 39101/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF SALE DEED NO. 3284/05 DATED 20.6.2005 EXECUTED BY DR. NAJEEB ZACHARIA AND ANOTHER EXHIBIT P2 TRUE COPY OF LAND TAX RECEIPT DATED 22.6.2023 ISSUED BY THE VILLAGE OFFICE, KUMBALAM EXHIBIT P3 TRUE COPY OF FORM NO. 9 APPLICATION SUBMITTED BY THE PETITIONERS DATED 8.12.2023 EXHIBIT P4 TRUE COPY OF THE JUDGEMENT IN W.P.(C) NO.16372/2024 DATED 23/04/2024 PASSED BY THIS HONOURABLE COURT EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SUB REGISTRAR OFFICE, ERNAKULAM DATED 15/11/2023 EXHIBIT P6 TRUE COPY OF THE KSREC REPORT DATED 26/02/2024 ISSUED BY THE DIRECTOR, PLANNING AND ECONOMIC AFFAIRS DEPARTMENT EXHIBIT P7 TRUE COPY OF THE REPORT OF 4TH RESPONDENT VILLAGE OFFICER SEND TO THE 3RD RESPONDENT OFFICE TAKEN UNDER RTI ACT EXHIBIT P8 TRUE COPY OF THE REPORT SUBMITTED BY THE SUBORDINATE OFFICER OF THE 3RD RESPONDENT EXHIBIT P9 TRUE COPY OF THE REPORT OF THE SENIOR SUPERINTENDENT OFFICER EXHIBIT P10 TRUE COPY OF NOTE PREPARED BY THE 3RD RESPONDENT DATED 28.06.2024 EXHIBIT P11 TRUE COPY OF THE FURTHER CLARIFICATION SEND BY KSREC TO THE 3RD RESPONDENT OFFICE DATED 24/08/2024 TAKEN UNDER RTI ACT EXHIBIT P12 TRUE COPY OF THE FILE MOVEMENT (STATUS OF SERVICE HISTORY) EXHIBIT P13 TRUE COPY OF THE REJECTION ORDER NO.607/24 DATED 04/09/2024 ISSUED BY RDO 2025:KER:48205 WP(C) NO. 39101 OF 2024 8 FORT KOCHI EXHIBIT P14 TRUE COPY OF THE JUDGEMENT DATED 13/06/2023 IN W.P.(C) NO. 19004/2023 OF THIS HONORUABLE COURT EXHIBIT P15 TRUE COPY OF THE CONVERSION ORDER NO.6732/2023 DATED 14/10/2023 ISSUED BY THE RDO FORT KOCHI EXHIBIT P16 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DOCTOR CONCERNING THE HEALTH ISSUE OF THE 1ST PETITIONER DATED 13.4.2024 EXHIBIT P17 TRUE COPY OF MEDICAL CERTIFICATE ISSUED BY DR. SATHISH. S., DEPARTMENT OF NEPHROLOGY DATED 2.5.2025