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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.
---------------------------------------------
W.P.(C) No.23953 of 2025
------------------------------------------------------
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
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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
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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
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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
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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
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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
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
