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Kerala High Court
V.R. Babu vs Principal Secretary Department Of ... on 15 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:96467
WP(C) NO. 30688 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 15TH DAY OF DECEMBER 2025 / 24TH AGRAHAYANA,
1947
WP(C) NO. 30688 OF 2024
PETITIONER/S:
V.R. BABU,
AGED 65 YEARS
S/O RAMAKRISHNAN, RESIDING AT SHIVA SREE,
KARSHAKA ROAD BROTHER MAVOORAS LANE, M.G. ROAD
P.O., ERNAKULAM, PIN - 682016
BY ADVS.
SRI.JACOB MATHEW MANALIL
SMT.PRIYA ELIZABETH BABU
SHRI.HRISHIKESH JAYASARMAN
RESPONDENT/S:
1 PRINCIPAL SECRETARY DEPARTMENT OF REVENUE ,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 SECRETARY,
LOCAL SELF GOVERNMENT, 4TH FLOOR, SECRETARIAT
ANNEXE, THIRUVANANTHAPURAM, PIN - 695001
3 THE SECRETARY, GCDA,
OFFICE OF GREATER COCHIN DEVELOPMENT AUTHORITY,
KADAVANTHRA, COCHIN, PIN - 682020
4 THE TAHSILDAR (L.R.),
TALUK OFFICE, KANAYANNUR, ERNAKULAM, PIN - 682011
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WP(C) NO. 30688 OF 2024
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5 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANAMTHAPURAM, PIN - 695001
BY ADVS.
SHRI.M.PAUL VARGHESE
SRI.M.M.MONAYE
SRI.K.V.SANOSH
SMT.ANJANA SUGUNAN
SRIK.JANARDHANA SHENOY, GP
VIPIN P.VARGHESE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 30688 OF 2024
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P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(C.).No.30688 of 2024
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Dated this the 15th day of December, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ, order or declaration in the nature
of Mandamus or any other appropriate writ
directing the 1st and 2nd respondent to
declare and clarify that the property described
in the tax receipt (Exhibit P3) on acquisition
and development by GCDA under Town
Planning Act or under any Government Order
ceased to be Nilam on its acquisition and it is
illegal to classify the land as Nilam in any
government record.
ii. Issue a Writ of Mandamus or any other
appropriate Writ or direction to the 4th
respondent commanding him to pass necessary
orders on Exhibit P4 for effectuating necessary
addition/correction in the Basic Tax Register to
show that the nature/ category of the land
where petitioner's house is situated in
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WP(C) NO. 30688 OF 2024
Ernakulam Village, Kannayannur Taluk,
Ernakulam District is 'Purayidam'.
iii. grant such other relief as that may deem just
and necessary in the facts and circumstance of
the case.
(SIC)
2. When this Writ Petition came up for consideration,
the learned counsel appearing for the petitioner submitted
that this Court already passed a common judgment on
19.11.2025 in WP(C) No.26649/2024 and connected cases.
Similar is the case of the petitioner in this case also.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader. I also heard the learned
Standing Counsel for GCDA.
4. There is no dispute regarding the fact that the
property of the petitioner, which he obtained from GCDA, was
acquired by the Government long back. There is also no
dispute to the fact that the point raised in this writ petition is
covered in favour of the petitioner by the decision in State of
Kerala and others v. Binu Mathew Chacko and others
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WP(C) NO. 30688 OF 2024
[2020 (6) KHC 717 (DB)]. If that is the case, I am of the
considered opinion that the impugned order is to be set aside,
and the revenue authorities are to be directed to treat the
plot as dry land and assess tax accordingly.
Therefore, this Writ Petition is allowed in the following
manner:
1. It is declared that the property obtained by the
petitioner was acquired by the Government
and therefore ceased to be 'Nilam' on its
acquisition and classification of the land as
'Nilam' in the revenue records is
unsustainable.
2. The Tahsildar (LR), Kanayannur Taluk is
directed to consider the application submitted
by the petitioner for making
correction/addition in the Basic Tax Register to
show that the nature/category of the land and
allow the same and assess tax accordingly in
the light of the principles laid down in Binu
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WP(C) NO. 30688 OF 2024
Mathew Chacko (supra), as expeditiously as
possible, within 30 days from the date of
receipt of a copy of this judgment.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
JV
Judgment reserved NA
Date of Judgment 15.12.2025
Judgment dictated 15.12.2025
Draft Judgment placed 15.12.2025
Final Judgment 16.12.2025
uploaded
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WP(C) NO. 30688 OF 2024
APPENDIX OF WP(C) NO. 30688 OF 2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED EXECUTED BY
GREATER COCHIN DEVELOPMENT AUTHORITY,
(GCDA), THE 3RD RESPONDENT DATED
14/08/1991 AND REGISTERED AS DOCUMENT
NO. 2823 OF 1991 IN FAVOUR OF SMT. MINI
SKARIA, THE PREDECESSOR-IN-INTEREST
Exhibit P2 TRUE COPY OF THE SALE DEED DATED
29/12/2000, REGISTERED AS DOCUMENT NO.
5782/I OF 2000 EXECUTED BY THE
PREDECESSOR-IN-INTEREST, SMT. MINI
SKARIA (REPRESENTED BY HER POWER OF
ATTORNEY HOLDER NEENA MANI PAUL) IN
FAVOUR OF THE PETITIONER.
Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED
11/03/2024 ISSUED BY THE LAND REVENUE
DEPARTMENT, FOR PAYMENT OF RS. 150/- BY
THE PETITIONER
Exhibit P4 TRUE COPY OF THE REQUEST LETTER DATED
11/07/2024, SENT TO THE 4TH RESPONDENT,
THE TEHSILDAR, REVENUE DEPARTMENT
