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Kerala High Court
Sadr Anjuman Ahmadiyya vs State Of Kerala on 4 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 45351 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 4TH DAY OF DECEMBER 2025 / 13TH AGRAHAYANA, 1947
WP(C) NO. 45351 OF 2025
PETITIONER(S):
1 SADR ANJUMAN AHMADIYYA
QADIAN P.O, GURUDASPUR , PUNJAB , PIN 143
516 REPRESENTED BY ITS ERNAKULAM UNIT
PRESIDENT B.B. AHAMED KABEER , S/O B.H.
ABDUL KADER , DIVINE NAGAR , SOUTH CHITTOOR
P.O, ERNAKULAM DISTRICT, PIN - 682027
2 AHMADIYYA MUSLIM JAMA ATH
ST. BENEDICT ROAD, ERNAKULAM NORTH P.O,
ERNAKULAM DISTRICT, PIN - 682 018 ,
REPRESENTED BY ITS PRESIDENT B.B. AHAMED
KABEER ,S/O B.H. ABDUL KADER , DIVINE
NAGAR , SOUTH CHITTOOR P.O, ERNAKULAM
DISTRICT, PIN - 682027
BY ADVS.
SRI.P.K.SOYUZ
SRI.E.V.BABYCHAN
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
STATUE A.G'S OFFICE P.O, THIRUVANANTHAPURAM,
PIN - 695001
W.P.(C) No. 45351 of 2025
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2 THE REVENUE DIVISIONAL OFFICER
/SUB COLLECTOR, FORT KOCHI RDO OFFICE, FORT
KOCHI P.O, ERNAKULAM, PIN - 682001
3 DEPUTY COLLECTOR (R.R)
ERNAKULAM CIVIL STATION, KAKKANAD P.O,
ERNAKULAM DISTRICT, PIN - 682030
4 KOCHI MUNICIPAL CORPORATION
REPRESENTED BY ITS SECRETARY, KOCHI
MUNICIPAL CORPORATION OFFICE. PARK AVENUE,
ERNAKULAMP.O, PIN - 682011
5 THE SECRETARY
KOCHI MUNICIPAL CORPORATION, KOCHI MUNICIPAL
CORPORATION OFFICE. PARK AVENUE,
ERNAKULAMP.O, PIN - 682011
6 THE DISTRICT TOWN PLANNER
LSGD PLANNING4TH FLOOR, CIVIL STATION,
KAKKANADP.O ,ERNAKULAM DISTRICT, PIN -
682030
BY ADV SMT.RAMYA CHEERAN J., ADDITIONAL
STANDING COUNSEL, KOCHI MUNICIPAL
CORPORATION
SRI K JANARDHANA SHENOY, SC,
SR GP SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 45351 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 45351 of 2025
------------------------------------------------------
Dated this the 04th day of December, 2025.
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i) Declare that Note (1) appended to Ext
P7 fees schedule to Rule 12 (9) of the Kerala
conservation of Paddy land and wet land Rules is
unenforceable and invalid as it is repugnant to the
provisions of Act 28 of 2008.
ii) issue a writ of certiorari or any
appropriate writ, order or direction calling for the
records leading to Ext. P6 demand Notice and quash
the same.
iii) issue a writ of mandamus or any
appropriate writ, order or direction directing the
respondents not to insist the petitioner to pay fees
prescribed as per Note (1) appended to Ext P7 fees
schedule to Rule 12 (9) of the Kerala conservation of
Paddy land and wet land Rules.
iv) issue a writ of mandamus or any
appropriate writ, order or direction directing the 3 rd
respondent to consider Ext P5 application and issue
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order under section 27 A of Act 28 of 2008 by
change the nature of the land mentioned in Ext P5
application without insisting any fee.
v) Issue a writ of certiorari or any other
appropriate writ or order or direction, quashing Ext
P4 notice issued by the 4th respondent .
vi) Issue a writ of mandamus or any other
appropriate writ or order or direction, directing the
respondents 4 to 6 to assign building number as
directed in Ext P3 decision, to the building
constructed by the petitioner.
vii) Grant such other reliefs as this Hon'ble
Court deems fit and proper in the circumstances of
this case including the cost of this Writ Petition.
viii) to dispense with filing of the translation
of vernacular documents"[SIC]
2. The petitioners are mainly challenging
Ext.P6 by which a fee notice was issued to the 1 st
petitioner for considering Form - 6 application filed in
accordance with the Kerala Conservation of Paddy
Land and Wetland Rules, 2008 ('Rules' in short).
3. Both sides conceded that the point raised in
this Writ Petition is covered in favour of the
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petitioners as per the judgment of this Court in Abad
Builders Pvt. Ltd. v. State of Kerala & Others
[2025 KLT OnLine 1033].
4. The learned Government Pleader submitted
that the above judgment is challenged before the
Division Bench of this Court and Writ Appeal
No.495/2025 is pending.
5. If that be the case, the direction issued by
this Court will be subject to the final decision in Writ
Appeal No.495/2025. Counsel for the petitioners
submitted that there is a prayer seeking a direction to
the Corporation to issue an occupancy certificate.
That question is left open.
Therefore, this Writ Petition is disposed of in the
following manner:
1. Ext.P6 is set aside.
2. The 3rd respondent/authorised officer is
directed to consider Ext.P5 Form - 6
application without insisting for conversion
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fee, as expeditiously as possible, at any rate,
within a period of one month from the date of
receipt of a certified copy of this judgment.
3. All other contentions raised by the petitioners
in this Writ Petition are left open.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
DM
Judgment reserved NA
Date of Judgment 04.11.2025
Judgment dictated 04.11.2025
Draft Judgment placed 05.11.2025
Final Judgment uploaded 05.11.2025
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APPENDIX OF WP(C) NO. 45351 OF 2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT
DATED 18.12.2023
EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED
25.01.2011 ISSUED BY THEN SENIOR
TOWN PLANNER
EXHIBIT P3 A TRUE COPY OF THE PROCEEDINGS
ISSUED FORM THE OFFICE OF THE 6TH
RESPONDENT DATED 04.02.2011
EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED
04.09.2019 ISSUED ON BEHALF OF THE
4TH RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE APPLICATION IN
FORM NO. 6 NO. 1/2024/123194 DATED
19.01.2024 SUBMITTED BY THE
PETITIONER
EXHIBIT P6 A TRUE COPY OF THE NOTICE ISSUED BY
THE 3RD RESPONDENT DATED 09.11.2025
EXHIBIT P7 TRUE COPY OF THE FEES SCHEDULE
PRESCRIBED AS PER RULE 12 (9)
