Kerala High Court
Dr.Habeeb vs State Of Kerala on 2 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
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WP(C) NO. 39101 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
WP(C) NO. 39101 OF 2024
PETITIONERS:
1 DR.HABEEB,
AGED 82 YEARS
S/O. SIKHANDER. TC.5/2508, GOLF LINKS ROAD,
KOWDIAR, THIRUVANANTHAPURAM DISTRICT, PIN -
695003.
2 K.MATHAI,
AGED 76 YEARS
S/O KUNJU NAINAN, ALUMOOTIL VEETIL PIDAVOOR,
PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695.
3 K. MAMACHAN,
AGED 74 YEARS
S/O KUNJU NAINAN, ALUMOOTILVEETIL, PIDAVOOR,
PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695.
BY ADV SMT.M.S.SHAMLA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030.
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WP(C) NO. 39101 OF 2024
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3 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FORT KOCHI, ERNAKULAM
DISTRICT, PIN - 682001.
4 THE VILLAGE OFFICER,
KUMBALAM VILLAGE OFFICE, KUMBALAM, ERNAKULAM
DISTRICT, PIN - 682506.
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KUMBALAM, ERNAKULAM DISTRICT, PIN -
682506.
SMT.VIDYA KURIAKOSE, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 02.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C) NO. 39101 OF 2024
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C.S.DIAS, J.
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W.P.(C) No.39101 of 2024
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Dated this the 2nd day of July, 2025
JUDGMENT
The writ petition is filed to quash Ext.P13 order
and direct the 3rd respondent to take steps to correct the
nature and tenure of the petitioners' property in the
revenue records and the basic tax register.
2. The petitioners are co-owners in possession of
97.40 Ares of land in Kumbalam Village, Kanayannur
Taluk, covered under Ext.P1 sale deed and Ext.P2 land
tax receipt. Out of the above extent of land, 92.4 Ares is
classified as paddy land in the revenue records. To
change the nature of their properties, which were filled
up naturally prior to 04.07.1967, the petitioners
submitted Ext.P3 application in Form-9 under Section
27A read with Rule 12(13) of the of the Kerala
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WP(C) NO. 39101 OF 2024
Conservation of Paddy Land and Wetland Act and Rules,
2008 ('Act and Rules' in short). But, by the impugned
Ext.P13 order, the 3rd respondent has rejected Ext.P3
application. Ext.P13 order is illegal and arbitrary.
Hence, the writ petition.
3. An order passed under Section 27A of the Act
is appealable under Section 27B of the Act.
4. Heard, the learned Counsel for the petitioner
and the learned Senior Government Pleader.
5. The learned Counsel for the petitioner submits
that, as there is no specific provision to condone the
delay in the Act, the appeal may not be entertained. This
factor compelled the the petitioners to file the writ
petition.
6. In Udayan Vasudevan v. District Collector,
TVM [2025 (2) KHC 103], this Court has categorically
held that, though there is no specific provision to
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WP(C) NO. 39101 OF 2024
condone the delay in filing an appeal under Section 27B
of the Act, the said power is inherently present with a
statutory authority, especially when there is a provision
for appeal.
7. In light of the above exposition of law, the
contention of the petitioners that the appeal may not be
entertained due to the absence of power to condone the
delay is misconceived.
In the aforesaid circumstances, this writ petition is
dismissed, but by reserving the right of the petitioners
to file an appeal under Section 27B of the Act. If such
appeal is filed with a delay petition within four weeks
from today, the 2nd respondent shall accept the appeal
and the delay on file, condone the delay and consider
the appeal on its merits and in accordance with law. The
above exercise shall be carried, as expeditiously as
possible. It is made clear that this Court has not
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WP(C) NO. 39101 OF 2024
expressed anything on the merits of Ext.P13 order. The
petitioners would be at liberty to produce a copy of this
writ petition along with a copy of the judgment before
the 2nd respondent.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 39101 OF 2024
APPENDIX OF WP(C) 39101/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF SALE DEED NO. 3284/05 DATED
20.6.2005 EXECUTED BY DR. NAJEEB
ZACHARIA AND ANOTHER
EXHIBIT P2 TRUE COPY OF LAND TAX RECEIPT DATED
22.6.2023 ISSUED BY THE VILLAGE OFFICE,
KUMBALAM
EXHIBIT P3 TRUE COPY OF FORM NO. 9 APPLICATION
SUBMITTED BY THE PETITIONERS DATED
8.12.2023
EXHIBIT P4 TRUE COPY OF THE JUDGEMENT IN W.P.(C)
NO.16372/2024 DATED 23/04/2024 PASSED BY
THIS HONOURABLE COURT
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE SUB REGISTRAR OFFICE, ERNAKULAM
DATED 15/11/2023
EXHIBIT P6 TRUE COPY OF THE KSREC REPORT DATED
26/02/2024 ISSUED BY THE DIRECTOR,
PLANNING AND ECONOMIC AFFAIRS DEPARTMENT
EXHIBIT P7 TRUE COPY OF THE REPORT OF 4TH
RESPONDENT VILLAGE OFFICER SEND TO THE
3RD RESPONDENT OFFICE TAKEN UNDER RTI
ACT
EXHIBIT P8 TRUE COPY OF THE REPORT SUBMITTED BY THE
SUBORDINATE OFFICER OF THE 3RD
RESPONDENT
EXHIBIT P9 TRUE COPY OF THE REPORT OF THE SENIOR
SUPERINTENDENT OFFICER
EXHIBIT P10 TRUE COPY OF NOTE PREPARED BY THE 3RD
RESPONDENT DATED 28.06.2024
EXHIBIT P11 TRUE COPY OF THE FURTHER CLARIFICATION
SEND BY KSREC TO THE 3RD RESPONDENT
OFFICE DATED 24/08/2024 TAKEN UNDER RTI
ACT
EXHIBIT P12 TRUE COPY OF THE FILE MOVEMENT (STATUS
OF SERVICE HISTORY)
EXHIBIT P13 TRUE COPY OF THE REJECTION ORDER
NO.607/24 DATED 04/09/2024 ISSUED BY RDO
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WP(C) NO. 39101 OF 2024
FORT KOCHI
EXHIBIT P14 TRUE COPY OF THE JUDGEMENT DATED
13/06/2023 IN W.P.(C) NO. 19004/2023 OF
THIS HONORUABLE COURT
EXHIBIT P15 TRUE COPY OF THE CONVERSION ORDER
NO.6732/2023 DATED 14/10/2023 ISSUED BY
THE RDO FORT KOCHI
EXHIBIT P16 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE DOCTOR CONCERNING THE HEALTH ISSUE
OF THE 1ST PETITIONER DATED 13.4.2024
EXHIBIT P17 TRUE COPY OF MEDICAL CERTIFICATE ISSUED
BY DR. SATHISH. S., DEPARTMENT OF
NEPHROLOGY DATED 2.5.2025
