Midhilesh vs Nilambur Municipality
2025 Latest Caselaw 9520 Ker

Citation : 2025 Latest Caselaw 9520 Ker
Judgement Date : 9 October, 2025

Kerala High Court

Midhilesh vs Nilambur Municipality on 9 October, 2025

Author: C.S.Dias

Bench: C.S.Dias

                                                 2025:KER:75010
WP(C) NO. 522 OF 2023

                                1


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

                THE HONOURABLE MR.JUSTICE C.S.DIAS

  THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947

                      WP(C) NO. 522 OF 2023

PETITIONER/S:

         MIDHILESH,
         AGED 35 YEARS
         S/O.VIJAYAKUMAR. K.KOZHIPPALLY HOUSE, MANALODY.
         P.O.,NILAMBUR, MALAPPURAM DISTRICT, PIN - 676552


         BY ADV SRI.U.K.DEVIDAS


RESPONDENT/S:

    1    NILAMBUR MUNICIPALITY,
         MUNICIPAL OFFICE, NILAMBUR.P.O., MALAPPURAM
         DISTRICT -. REP. BY ITS SECRETARY, PIN - 679329

    2    THE SECRETARY,
         NILMBUR MUNICIPALITY, MUNICIPAL OFFICE,
         NILAMBUR.P.O., MALAPPURAM DISTRICT, PIN - 679329

    3    ANILKMAR K.,
         KOZHIPPALLY HOUSE, MANALODY P.O., NILAMBUR,
         MALAPPURAM DISTRICT, PIN - 676552

    4    OMBUDSMAN FOR THE LOCAL SELF GOVERNMENT
         AUTHORITIES,
         4TH FLOOR, SAPHALYAM COMPLEX, TRIDA BUILDING,
         UNIVERSITY P.O.,PALAYAM, THIRUVANANTHAPURAM, PIN -
         695034
                                               2025:KER:75010
WP(C) NO. 522 OF 2023

                             2


    5    REVENUE DIVISIONAL OFFICER,
         REVENUE DIVISIONAL OFFICE, PERINTHALMANNA,
         MALAPPURAM, PIN - 679322

   6*    THE VILLAGE OFFICERE
         NILABUR VILLAGE, NILAMBUR.P.O., MALAPPURAM
         DISTRICT-679329

         *IS IMPLEADED AS ADDL. RESPONDENT 6 IN WP(C)
         522/2023 AS PER ORDER DATED 03.04.2025 IN
         IA.1/2025 IN WP(C) 522/2023.


         BY ADVS.
         GP.SMT.JESSY S. SALIM
         SHRI.I.V.PRAMOD, SC, NILAMBUR MUNICIPALITY
         SRI.SUNNY XAVIER
         SMT.C.P.PRETTY




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 09.10.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                   2025:KER:75010
WP(C) NO. 522 OF 2023

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                             C.S.DIAS, J.
                 ---------------------------------------
                     W.P.(C) No.522 of 2023
                -----------------------------------------
            Dated this the 9th day of October, 2025

                           JUDGMENT

The writ petition is filed to quash Ext.P14 order

passed by the 4th respondent-Ombudsman for the Local

Self Government Authorities and direct the 5 th

respondent to consider Ext.P9 application submitted by

the petitioner in Form 5 under Rule 4(4d) of the Kerala

Conservation of Paddy Land and Wetland Rules, 2008

('Rules' in short).

2. Heard; the learned counsel for the petitioner,

the learned Standing appearing for the respondents 1

and 2, the learned Government Pleader and the learned

counsel for the 3rd respondent.

3. The learned counsel for the petitioner submits

that, during the pendency of the writ petition, the 4 th 2025:KER:75010 WP(C) NO. 522 OF 2023

respondent has closed the proceedings leading to

Ext.P14 order. Similarly, Ext.P9 Form-5 application has

been allowed by the 5th respondent as per Ext.P15 order.

Subsequently, the petitioner filed a Form-6 application

under Section 27A of the Kerala Conservation of Paddy

Land and Wetland Act and Rules, 2008 ('Act' in short),

which has also been allowed on 22.05.2025. Now, all that

survives is the petitioner's application for regularisation

of the construction pending before the 1 st respondent-

Municipality. The 1st respondent has directed the

petitioner to submit the order that has been passed in

the Form-6 application for the consideration of the

regularisation application. The petitioner is willing to

submit the said order before the 2nd respondent.

Therefore, the 2nd respondent may be directed to

consider the application for regularisation on the

petitioner submitting the Form-6 order.

2025:KER:75010 WP(C) NO. 522 OF 2023

In light of the aforesaid submission, I dispose of the

writ petition by permitting the petitioner to submit the

Form-6 order passed by the 5th respondent before the 2nd

respondent. If such order is produced, the 2nd respondent

shall consider the petitioner's application for

regularisation of construction, in accordance with law

and as expeditiously as possible.

The writ petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE dkr 2025:KER:75010 WP(C) NO. 522 OF 2023

APPENDIX OF WP(C) 522/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 23.05.2022 ISSUED BY THE VILLAGE OFFICER NILAMBUR EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 07.05.2010 ISSUED BY THE FIRST RESPONDENT EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE DATED 04.11.2019 ISSUED BY THE FIRST RESPONDENT EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 23.05.2022 ISSUED BY THE FIRST RESPONDENT EXHIBIT P5 TRUE COPY OF THE NOTICE UNDER SECTION 7(3) OF THE BUILDING TAX ACT DATED 21.10.2019 ISSUED BY THE TAHSILDAR, NILAMBUR EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 13.11.2019 ISSUED BY THE VILLAGE OFFICER, NILAMBUR EXHIBIT P7 TRUE COPY OF THE LETTER DATED 13.05.2022 ISSUED BY THE ASSISTANT ENGINEER OF THE FIRST RESPONDENT EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED 27.05.2022 ISSUED BY THE FIRST RESPONDENT EXHIBIT P9 TRUE COPY OF THE APPLICATION UNDER FORM 5 DATED 23.05.2022, SUBMITTED BY THE PETITIONER EXHIBIT P9(A) TRUE COPY OF THE RECEIPT DATED 23.05.2022, ISSUED BY THE VILLAGE OFFICER, NILAMBUR EXHIBIT P10 TRUE COPY OF THE ORDER DATED 25.06.2022 PASSED BY THE SECOND RESPONDENT EXHIBIT P11 TRUE COPY OF THE REPLY LETTER DATED 08.07.2022 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P12 TRUE COPY OF THE COMPLAINT DATED19.10.2022 WITHOUT ANNEXURES SUBMITTED BY THE THIRD RESPONDENT BEFORE THE FORTH RESPONDENT EXHIBIT P13 TRUE COPY OF THE NOTICE DATED 7.11.2022 2025:KER:75010 WP(C) NO. 522 OF 2023

IN O.P. NO. 953/2022 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER EXHIBIT P14 TRUE COPY OF THE ORDER DATED 14.12.2022 IN O.P. 953/2022 ON THE FILES OF THE FOURTH RESPONDENT EXHIBIT P15 TRUE COPY OF THE ORDER DATED 01.04.2023 PASSED BY THE FIFTH RESPONDENT EXHIBIT P16 . TRUE COPY OF THE DEMAND NOTICE DATED 27.12.2023 ISSUED BY THE SECOND RESPONDENT EXHIBIT P17 TRUE COPY OF THE DEMAND NOTICE DATED 15.02.2024 ISSUED BY THE SECOND RESPONDENT EXHIBIT P18 TRUE COPY OF THE APPLICATION DATED 26.04.2023 IN FORM NO.6 UNDER KERALA CONSERVATION OF PADDYLAND AND WET LAND ACT, 2008 SUBMITTED BY THE PETITIONER EXHIBIT P19 TRUE COPY OF THE FEE RECEIPT DATED 26.04.2023 ISSUED FROM THE NILAMBUR VILLAGE OFFICE EXHIBIT P20 TRUE COPY OF THE APPLICATION DATED 29.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT EXHIBIT P21 TRUE COPY OF THE REPLY LETTER DATED 30.08.2024 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER