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Kerala High Court
M/S Jojo Frozen Foods (P) Ltd vs The State Of Kerala on 11 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 32490 OF 2025 1
2025:KER:95787
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF DECEMBER 2025 / 20TH AGRAHAYANA,
1947
WP(C) NO. 32490 OF 2025
PETITIONER/S:
M/S JOJO FROZEN FOODS (P) LTD
AGED 48 YEARS
HAVING ITS REGISTERED OFFICE AT 46/1914 A,
AKG VAYANASALA CROSS ROAD, KANNETH LANE,
CHAKKARAPARAMBU, ERNAKULAM REPRESENTED BY DIRECTOR
RAJESH KUMAR.M.K, S/O. KRISHNAN NAIR, RESIDING AT
MADAPRAMBIL HOUSE, AYARKUNNAM, KONGADOOR,
KOTTAYAM, KERALA, PIN - 686564
BY ADVS.
SRI.N.A.RETHEESH
SRI.PRASUN.S
SRI.PAUL MATHEW (PERUMPILLIL)
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT REVENUE DEPARTMENT, THIRUVANTHAPURAM,
PIN - 695001
2 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
KAKKNADU, ERNAKULAM, PIN - 682030
3 THE REVENUE DIVISIONAL OFFICER,
K.B JACOB ROAD, FORT KOCHI, KERALA, PIN - 682001
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4 THE TAHASILDAR
KANAYANNUR TALUK OFFICE, ERNAKULAM, KOCHI, PIN -
682011
5 THE VILLAGE OFFICER
MARADU VILLAGE OFFICE MARADU.P.O, MARADU,
ERNAKULAM, PIN - 682304
K GP SRI K JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 32490 OF 2025 3
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 32490 OF 2025
------------------------------------------------------
Dated this the 11th day of December, 2025
JUDGMENT
This writ petition is filed seeking the following reliefs:
"(i) Issue a Writ of Mandamus or any other
writ, order or direction directing the 4th respondent
to consider and dispose of Exhibit P7 application
within such time as may be fixed by this Honorable
Court, in the interest of justice;
(ii) To dispense with the production of
English translation of Malayalam Exhibits produced
along with the Writ Petition in the interest of justice.
(iii) Issue any other writ, order or direction
as this Hon'ble Court deems fit in the circumstances
of the case."
[SIC]
2. The petitioner is a private limited company
engaged in the business of manufacturing and sale of ice cream.
Petitioner's property was lying as waste land and an application
was filed under Clause 6(2) of the Kerala Land Utilization Order,
1967, and the same was allowed by Ext.P4 order dated 27.03.1992.
Pursuant to Ext.P4 order, after obtaining proper building permits
from the Maradu panchayat (now it is Municipality), the petitioner
had constructed an ice cream factory and a five storied building on
the said land. Thereafter, the petitioner is regularly remitting the
building tax as per Exts.P5 series. In the year 2023, the petitioner
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approached Maradu Municipality for obtaining permit to modify the
existing building in order to construct a Lift in the building. But this
time the authorities refused to give the permit stating that the
property is shown as "Nilam" in the revenue records despite the
fact that the same is lying as "purayidam" and the building was
already constructed based on the permit already granted. Hence,
the petitioner submitted a Form 5 application before the 3 rd
respondent, to exclude the petitioner's property from the data
bank. By Ext.P6 order, the said application was allowed.
Consequently, the petitioner filed Ext.P7 application before the 4 th
respondent, to change the nature of the petitioner's property as
'purayidom' in the Basic Tax Register and in the revenue records.
But the 4th respondent is not taking any decision on Ext.P7
application, is the grievance. According to the petitioner, the
application is to be considered in the light of the principle laid down
by this Court in Samuel K.M V. Revenue Divisional officer
(2025 KHC OnLine 1784) and Tahsildar, Thodupuzha Taluk and
another V. Renjith George (2020 (1) KHC 865 (DB). Hence, this
writ petition.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader.
After hearing both sides, I think there can be a direction to
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consider Ext.P7. Therefore, this writ petition is disposed of with the
following direction:
i) The 4th respondent is directed to consider Ext.P7
and pass appropriate orders in it, as expeditiously as
possible, at any rate, within a period of two months
from the date of receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AJ
Judgment reserved NA
Date of Judgment 11.12.2025
Draft judgment placed 12.12.2025
Final Judgment uploaded 12.12.2025
2025:KER:95787
APPENDIX OF WP(C) NO. 32490 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RESOLUTION DATED
08.08.2025
Exhibit P2 TRUE COPY OF THE SALE DEED NO. 2003/1991
OF SRO, MARADU
Exhibit P3 TRUE PHOTOCOPY OF THE LAND TAX RECEIPTS
DATED 22.04.2025
Exhibit P4 TRUE PHOTOCOPY OF THE K.L.U ORDER NO. K
DIS.2062/92-J DATED 27.03.1992
Exhibit P5 TRUE COPY OF THE BUILDING TAX RECEIPTS
DATED 11.06.2024
Exhibit P6 TRUE COPY OF ORDER DATED 07.07.2025 IN
FORM-5 APPLICATION
Exhibit P7 TRUE COPY OF THE REQUEST LETTER DATED
19.07.2025 SENT BY REGISTERED POST ON
21.07.2025
Exhibit P8 TRUE COPY OF THE POSTAL RECEIPT DATED
21.07.2025
Exhibit P9 TRUE COPY OF THE AD CARD DATED 23.07.2025
