[Cites 1, Cited by 0]
Kerala High Court
Southern Transport Company vs Kalamassery Municipality on 11 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 25635 of 2025
1
2025:KER:95619
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. 25635 OF 2025
PETITIONER(S):
SOUTHERN TRANSPORT COMPANY
VIDAKKUZHY, KALAMASSERRY.P.O., ERNAKULAM,
REPRSENTED BY ITS PARTNER, ANUP CHANDRAN, AGED
46 YEARS, S/O P.N.CHANDRAN, RESIDING AT USHUS,
KAKKANAD.P.O., ERNAKULAM, PIN - 682030
BY ADVS.
SRI.A.RAJASIMHAN
KUM.VYKHARI.K.U
RESPONDENT(S):
1 KALAMASSERY MUNICIPALITY
REPRESENTED BY ITS SECRETARY, CHANGAMPUZHA
NAGAR.P.O., ERNAKULAM, PIN - 682033
2 BOSCO LOUIS @ BOSCO KALAMASSERY
S/O K.A. LOUIS , RESIDING IN KARUNA NIVAS,
VIDAKUZHA,THAIKKATUKARA P.O, NAD GATE,
KALAMASSERY, ERNAKULAM- 683106 (IS IMPLEADED AS
ADDITIONAL 2ND RESPONDENT AS PER ORDER DATED
11.12.2025 IN I.A. NO.1/2025)
BY ADV.
SRI M K ABOOBACKER, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 25635 of 2025
2
2025:KER:95619
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 25635 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 certiorari quashing Ext. P14.
ii) Issue such other orders which this Hon'ble Court
deem fit and proper in the interest of justice.
iii) Dispense with the English translation of
vernacular documents."[SIC]
2. The petitioner is aggrieved by Ext.P14 order
issued by the Kalamassery Municipality. This Court as per
Ext.P13 judgment, allowed the Municipality to take
appropriate steps in accordance with the land
conservancy proceedings. The stand of the Municipality
is that, Ext.P14 order is issued in accordance with the
land conservancy proceedings. The petitioner submitted
that, Ext.P14 is a final order passed even without giving
an opportunity of hearing to the petitioner. Hence, this
Writ Petition is filed.
2025:KER:95619
3. Heard the learned counsel appearing for the
petitioner, the learned Standing Counsel appearing for
the Municipality and Sri. Bosco Louis @ Bosco, the 2 nd
respondent, who appeared in person.
4. This Court perused Ext.P14 order. It is true
that, as per Ext.P13 judgment, this Court allowed the
Municipality to invoke land conservancy proceedings in
accordance with the law. A perusal of Ext.P14 would
show that it is a final order. I am of the considered
opinion that, when a land conservancy proceedings is
initiated, a show cause notice should be given to the
affected parties, and after hearing the affected parties, a
final order is necessary. On a perusal of Ext.P14 order, I
think that is not complied with by the Municipality.
Therefore, I am of the considered opinion that Ext.P14
can be treated as a show cause notice. The petitioner
can submit his objection to Ext.P14 within a time frame.
The Municipality will hear the petitioner and the 2 nd
respondent, and thereafter proceed in accordance with
the provisions of the Kerala Land Conservancy Act, 1957
(for short 'Act 1957').
2025:KER:95619
Therefore, this Writ Petition is disposed of in the
following manner:
1. Ext.P14 shall be treated as a show cause notice
issued to the petitioner.
2. The petitioner is free to submit his objection to
Ext.P14 to the 1st respondent, within a period of
two weeks from the date of receipt of a certified
copy of this judgment.
3. If such an objection is received, the 1st
respondent will consider the same, after giving
sufficient opportunity of hearing to the petitioner
and the 2nd respondent, and proceed in
accordance with Act 1957, and conclude the
proceedings, as expeditiously as possible, at any
rate, within a period of three months from the
date of receipt of the objection.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
DM
Judgment reserved NA
Date of Judgment 11.12.2025
Judgment dictated 11.12.2025
Draft Judgment placed 11.12.2025
Final Judgment uploaded 12 .12.2025
2025:KER:95619
APPENDIX OF WP(C) NO. 25635 OF 2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT
DATED 30-6-2015
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT
DATED 30-6-2015
EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT
DATED 1-6-2015
EXHIBIT P4 TRUE COPY OF THE REPORT OF THE VILLAGE
OFFICER DATED 17-4-2013
EXHIBIT P5 TRUE COPY OF THE LAND UTILIZATION
ORDER ISSUED BY THE DISTRICT COLLECTOR
DATED 3-12-2013
EXHIBIT P6 TRUE COPY OF THE NO OBJECTION
CERTIFICATE ISSUED BY THE DISTRICT
COLLECTOR, ERNAKULAM DATED 30-4-2013
EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 30-9-
2016 ISSUED BY THE TALUK SURVEYOR
EXHIBIT P8 TRUE COPY OF THE REVISED SURVEY PLAN
DATED 7-4-1987
EXHIBIT P9 TRUE COPY OF THE OBJECTION DATED 24-
10-2016 SUBMITTED BY THE PETITIONER
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 30-5-
2024 IN WP© NO. 34383 OF 2016 OF THIS
HON'BLE COURT
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 19-1-2017
ISSUED BY THE RESPONDENT
EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF THE
BASIC TAX REGISTER
EXHIBIT P13 TRUE COPY OF THE JUDGMENT IN WP© NO.
4604 OF 2017 DATED 3-11-2020 OF THIS
HON'BLE COURT
EXHIBIT P14 TRUE COPY OF THE ORDER NO. TP
2/2181/2021 DATED 5-6-2025 ISSUED BY
THE RESPONDENT
