Kerala High Court
Sr.Mercy Abraham, Sister Superior ... vs The District Collector, Ernakulam on 25 August, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
WA NO.1542 OF 2025 1 2025:KER:64709
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 25TH DAY OF AUGUST 2025 / 3RD BHADRA, 1947
WA NO. 1542 OF 2025
AGAINST THE JUDGMENT DATED 30.06.2017 IN WP(C) NO.21728
OF 2017 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER :
SR.MERCY ABRAHAM,
SISTER SUPERIOR AUXILIUM CENTRE,
AGED 68 YEARS
SALESIAN SISTERS OF DON BOSCO
KIDANGOOR, ANGAMALY,
PIN - 683572
BY ADVS.
SHRI.ALBIN A. JOSEPH
SHRI.VARGHESE C.KURIAKOSE
SHRI.SUSANTH SHAJI
SHRI.SIDHARTH O.
SMT.NEKHA VARGHESE
SMT.PARVATHY T.M.
RESPONDENTS/RESPONDENTS :
1 THE DISTRICT COLLECTOR, ERNAKULAM,
O/O DISTRICT COLLECTOR,
DISTRICT COLLECTORATE,
KAKKANAD, PIN - 682030
WA NO.1542 OF 2025 2 2025:KER:64709
2 REVENUE DIVISIONAL OFFICER,
O/O REVENUE DIVISIONAL OFFICER,
FORT KOCHI, PIN - 682001
3 THE LOCAL LEVEL MONITORING COMMITTEE,
THURAVOOR GRAMA PANCHAYAT THURAVOOR,
PIN - 683572
REPRESENTED BY ITS CONVENER,
THE AGRICULTURAL OFFICER
THURAVOOR GRAMA PANCHAYAT,
PIN - 683572
4 THE AGRICULTURAL OFFICER,
THURAVOOR,
O/O THE AGRICULTURAL OFFICER,
THURAVOOR, ANGAMALY,
PIN - 683572
5 THE SECRETARY,
THURAVOOR GRAMA PANCHAYAT,
THURAVOOR,
PIN - 683572
BY SRI.P.M.SHAMEER, GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
25.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO.1542 OF 2025 3 2025:KER:64709
JUDGMENT
A.Muhamed Mustaque, J.
We note, at the first instance, that the judgment
relied on by the petitioner in W.P.(C)No.33684 of 2016 had
not been adverted to in the impugned judgment. Eventhough
a relief has been sought in tune with the earlier judgment in
W.P.(C)No.33684 of 2016, we particularly note the
declaratory relief granted to the petitioner in the said
judgment, which is as follows:
"(i) by declaring that the property of the petitioner
comprising of 03. 53. 14 hectares in Block No.13 in
Re.Sy.Nos.196, 197 & 191 of Thuravoor Village, Angamaly,
is not either paddy land or wetland, for the purposes of
inclusion in the Land Data Bank prepared in accordance with
the 2008 Act.
(ii) The LLMC is directed to exclude the said land of the
petitioner from the Land Data Bank. If the data bank is at
the draft stage, the land shall be excluded before finalising
the data bank, and notifying the same. If, on the other
hand, the data bank has already been finalised, and nofitied
through publication in the Gazette, the LLMC shall issue a
corrigendum notification showing the exclusion of the land
WA NO.1542 OF 2025 4 2025:KER:64709
from the data bank, and publish the said corrigendum
notification in the Gazette. In the mwanwhile, the LLMC
shall, after excluding the land from the data bank, issue a
certificate to the petitioner within a week from the date if
receipt of a copy of this judgment, certifying that the land in
question has been excluded from the data bank. The
petitioner can utilise the said certificate for approaching the
authorities under the Kerala Land Utilisation Order
(hereinafter referred to as the 'KLU Order'] for getting
permission to utilise the land for other purposes.
(iii) The 3rd respondent Panchayath shall, on the petitioner
producing the certificate issued by the LLMC, as also the
order passed by the authorities under the KLU Order,
consider the application submitted by the petitioner for
building permit, afresh, in the light of the said certificate
and order, and de hors the description of the property in the
Basic Tax Register. The 3rd respondent shall pass fresh
orders, as directed, within a period of three weeks on the
petitioner producing the order of the authorities under the
KLU Order. To enable the 3rd respondent to do so. I quash
Ext.P5 order.
(iv) The petitioner shall, on receipt of the certificate from
the LLMC, and the order permitting conversion under the
KLU Order, produce copies of the same before the Land Tax
Authorities, for causing a fresh assessment and
consequential change in classification of the land in the
Basic Tax Register."
WA NO.1542 OF 2025 5 2025:KER:64709
In the light of the above, we are of the view that the
impugned judgment of the learned Single Judge is laible to be
set aside, with a direction to take a fresh decision after
adverting to the earlier judgment in W.P.(C)No.33684 of
2016.
Accordingly, the Writ Appeal is allowed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
HARISANKAR V. MENON
JUDGE
rkj
WA NO.1542 OF 2025 6 2025:KER:64709
PETITIONER ANNEXURES
Annexure A1 REFERENCE A TRUE COPY OF THE JUDGMENT
DATED 17.02.2017 IN W.P.(C).
Annexure A2 A TRUE COPY OF THE LLMC REPORT DATED
08.11.2017 ALONG WITH ITS TRANSLATION
Annexure A3 A TRUE COPY OF THE ORDER DATED 11.10.2018
PASSED BY THE 1ST RESPONDENT ALONG WITH
ITS TRANSLATION
Annexure A4 A TRUE COPY OF THE NOTICE DATED
19.11.2019 ISSUED BY THE 2ND RESPONDENT
DEMANDING THE FEES ALONG WITH TRANSLATION
Annexure A5 A TRUE COPY OF THE CHALAN RECEIPT DATED
25.11.2019 ISSUED BY THE SUB TREASURY,
ANGAMALY ALONG WITH ITS TRANSLATION
Annexure A6 A TRUE COPY OF THE ORDER DATED 21.04.2020
ISSUED BY THE TAHSILDAR (LR) ALONG WITH
ITS TRANSLATION
Annexure A7 A TRUE COPY OF THE RELEVANT PAGES OF THE
DATA BANK, ISSUED BY THE 5TH RESPONDENT
DATED 30.01.2021
Annexure A8 TRUE COPY OF THE BASIC TAC RECEIPT DATED
29.04.2023 ISSUED BY THE VILLAGE OFFICER,
THURAVOOR VILLAGE
