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
2025:KER:61931
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,
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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
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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.
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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
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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
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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
