Kerala High Court
Hebron Gardens Pvt Ltd vs State Of Kerala on 24 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 30090 OF 2024
1
2025:KER:79395
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
WP(C) NO. 30090 OF 2024
PETITIONER:
HEBRON GARDENS PVT LTD.,
10/226 ATC, ROYAL STREET,OLLUKKARA VILLAGE,
MANNUTHY,THRISSUR, REPRESENTED BY ITS DIRECTOR, PIN
- 686651
BY ADVS.
SHRI.G.KRISHNAKUMAR
SMT.AGNET JARARD
RESPONDENTS:
1 STATE OF KERALA,
REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM, PIN - 682031
*2 THE CHIEF TOWN PLANNER,
O/O. THE CHIEF TOWN PLANNER, CIVIL STATION,
THRISSUR, PIN-620 680
* CORRECTED
NAME AND ADDRESS OF THE 2ND RESPONDENT IS CORRECTED
AS "THE DISTRICT TOWN PLANNER, O/O. THE DISTRICT
TOWN PLANNER, CIVIL STATION, THRISSUR, PIN-620 680"
AS PER ORDER DATED 03.10.2024 IN IA NO.1/2024 IN
WP(C) NO.30090/2024
WP(C) NO. 30090 OF 2024
2
2025:KER:79395
3 THE TAHASILDAR
THRISSUR VILLAGE OFFICER, OLLUKKARA VILLAGE,
THRISSUR, PIN - 680655
4 THE VILLAGE OFFICER,
OLLUKKARA, THRISSUR, PIN - 620680
5 THRISSUR MUNICIPAL CORPORATION,
REPRESENTED BY ITS SECRETARY THRISSUR, PIN - 620680
ADDL.R6 TAHASILDAR (LR),
OFFICE OF THE TAHASILAR (LR), THRISSUR-680 020
ADDL.R6 IS IMPLEADED AS PER ORDER DATED 11.12.2024
IN IA NO.3/2024 IN WP(C) 30090/2024
BY ADV SHRI.SANTHOSH P.PODUVAL
OTHER PRESENT:
GP SMT JESSY S SALIM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30090 OF 2024
3
2025:KER:79395
P.V.KUNHIKRISHNAN, J.
---------------------
W.P.(C).No.30090 of 2024
---------------------------
Dated this the 24th day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:-
"(i) Issue a writ of mandamus or any other appropriate
writ, order or direction commanding the 3 rd
Respondent and to reassess the property of the
Petitioner comprised in in Sy No 448 /1-6, 448/1-7 of
Ollukara Village covered by Exhibit P1 Sale Deed and
property comprised in Sy no 442/1-18, and in 448/1-7
of Ollukkara covered by Exhibit P2 Sale Deed Village
and to make consequential corrections in the revenue
records including the Basic Tax Register showing the
present nature of the land belonging to the Petitioner
as Purayidam/ dry lands, within a time frame to be
fixed by this Hon'ble Court.
(ii) This Hon'ble Court may be pleased to dispense with
the filing of English Translation of the vernacular
documents filed in this Writ Petition on such terms and
conditions as this Hon'ble Court may deem fit and
proper in the facts and circumstances of this case.
(iii) Issue such appropriate Writ, order or direction as
WP(C) NO. 30090 OF 2024
2025:KER:79395
deem just and fit to this Honourable Court And
(iv ) Allow this W.P.(C ) with cost ." (SIC)
2. The main prayer in this writ petition is to reassess the
property of the Petitioner comprised in Survey No.448/1-6,
448/1-7 of Ollukara Village covered by Exhibit P1 Sale Deed and
property comprised in Survey No.442/1-18, and in 448/1-7 of
Ollukkara covered by Exhibit P2 Sale Deed Village and to make
consequential corrections in the revenue records including the
Basic Tax Register showing the present nature of the land
belonging to the Petitioner as Purayidam/ dry lands, within a
time frame. The petitioner submitted Ext.P6 representation.
The same is not considered, is the submission. It is also
submitted that the petitioner submitted a Form A application in
accordance to Kerala Land Tax Act. The learned counsel for the
petitioner also relied on a judgment of this Court in State of
Kerala and others vs. Binu Mathew Chacko and others
(2020 (6) KHC 717).
3. Heard the learned counsel for the petitioner and the
WP(C) NO. 30090 OF 2024
2025:KER:79395
learned Government Pleader.
4. After hearing the learned counsel for the petitioner and
the learned Government Pleader and also in the light of the
dictum laid down by this Court in Binu Mathew Chacko's case
(supra), I think there can be a direction to the additional 6 th
respondent to consider Ext.P6 and pass appropriate orders in it
and also consider as to whether the dictum laid down by this
Court in Binu Mathew Chacko's case (supra) is applicable.
Based on that decision, the additional 6 th respondent will
consider Form A application submitted by the petitioner also.
Therefore, this Writ Petition is disposed of with the
following directions:
a) The additional 6th respondent will consider
Ext.P6 representation, after giving an
opportunity of hearing to the petitioner, as
expeditiously as possible, at any rate, within six
weeks from the date of receipt of a certified
copy of this judgment.
WP(C) NO. 30090 OF 2024
2025:KER:79395
b) The additional 6th respondent will also
consider as to whether the dictum laid down by
this Court in Binu Mathew Chacko's case
(supra) is applicable in the facts and
circumstances of the case.
c) Based on the decision in Ext.P6, Form A
application, if any, submitted by the petitioner,
in accordance to Kerala land tax Act, will also be
considered.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
Judgment reserved NA
Date of Judgment 24/10/25
Judgment dictated 24/10/25
Draft Judgment placed 24/10/25
Final Judgment uploaded 27/10/25
WP(C) NO. 30090 OF 2024
2025:KER:79395
APPENDIX OF WP(C) 30090/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1318/2023 OF
AYYANTHOLE SRO
EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.1106/2023 OF
AYYANTHOLE /SRO
EXHIBIT P3 TRUE COPY OF THE REPLY DATED 17.10.2023 OF
THE 5 TH RESPONDENT, UNDER THE RTI ACT
EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT DATED
27.07.2023 PERTAINING TO PROPERTY
COMPRISED IN SY. NO. 448/1-6 AND 448/1-7
ALONG WITH OTHER PROPERTIES ISSUED FROM
THE VILLAGE OFFICE OLLUR
EXHIBIT P5 TRUE COPY OF THE BASIC TAX RECEIPT DATED
5.9.2023 PERTAINING TO THE PROPERTY
COMPRISED IN SY. NO. 442/1-8 ALONG WITH
OTHER ITEM OF PROPERTIES, ISSUED FROM THE
VILLAGE OFFICE OLLUR
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED
18.07.2024 PREFERRED BY THE PETITIONER, TO
THE 3 RD RESPONDENT TAHASILDAR
EXHIBIT P7 TRUE COPY OF THE FORM A APPLICATION FILLED
BY THE APPLICANT/ PETITIONER UNDER SEC
6(3) OF THE KERALA LAND TAX ACT, TO
REASSESS THE PROPERTY
EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT
DATED 10.10.2024 ISSUED FROM THE TALUK
OFFICE , THRISUR EVIDENCING RECEIPT OF
FORM ‘ A ‘ APPLICATION
