Kerala High Court
Equity Realtors Private Limited vs The District Collector on 14 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 16601 OF 2025 1
2025:KER:76349
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947
WP(C) NO. 16601 OF 2025
PETITIONER:
1 EQUITY REALTORS PRIVATE LIMITED,
REPRESENTED BY ITS MANAGING DIRECTOR CYRIL PAUL HAVING
OFFICE AT RAINTREE REALM, DOOR NO. C.C. 28/2604 -
A4,CHILAVANNOOR ROAD, CHILAVANNOOR, PIN - 682020
2 CYRIL PAUL,
AGED 54 YEARS
S/O. PAUL KURUVILA, MANAGING DIRECTOR, EQUITY REALTORS
PRIVATE LIMITED, RAINTREE REALM,DOOR NO. C.C. 28/2604-
A4, CHILAVANNOOR ROAD, CHILAVANNOOR, PIN - 682020
BY ADVS.
SRI.T.U.ZIYAD
SHRI.K.B.ARUNKUMAR
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANADU, ERNAKULAM, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001
3 THE TAHASILDAR,
KANAYANOOR TALUK, ERNAKULAM, PIN - 682011
4 THE TAHASILDAR,
LAND RECORDS,KANAYANOOR TALUK, ERNAKULAM, PIN - 682011
WP(C) NO. 16601 OF 2025 2
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5 THE VILLAGE OFFICER,
KUMBALAM VILLAGE OFFICE, ERNAKULAM DISTRICT- 682506
6 THE AGRICULTURAL OFFICER,
AGRICULTURAL OFFICE,KUMBALAM, PIN - 682506
7 THE SECRETARY,
KUMBALAM GRAMA PANCHAYATH, KUMBALAM, PIN - 682506
8 THE STATION HOUSE OFFICER,
PANANGAD POLICE STATION, PANANGAD, PIN - 682506
SR GP SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16601 OF 2025 3
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 16601 OF 2025
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Dated this the 14th day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:
"a) call for the records leading to Exhibit P6 and quash
the same by issuing a writ of certiorari or any other writ
or order or direction;
(b) declare that Ext. P6 issued by 5th respondent is
absolutely without Jurisdiction;
(c) dispense with the production of English translation of
vernacular documents;
and
(d) such other order or direction deems fit and proper for
this Hon'ble Court in the facts and circumstances of the
case."
[SIC]
2. The main prayer in this writ petition is against Ext.P6
stop memo issued by the 5th respondent to the petitioners to stop the
illegal reclamation. According to the petitioners, Ext.P4 will not stand in
the light of Ext.P8 judgment.
3. A perusal of Ext.P6 would show that it was issued
based on the direction of the District collector. Admittedly, no notice is
given to the petitioners before issuing such a direction by the District
Collector.
Therefore, this Writ Petition is disposed of with the following
directions:
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1. The petitioners are free to file a representation before
the 1st respondent narrating his grievance raised in
the writ petition within three weeks from the date of
receipt of a copy of this judgment.
2. If such a representation is received, the 1 st
respondent will consider the same after giving an
opportunity of hearing to the petitioners and other
affected parties, if any, as expeditiously as possible, at
any rate within one month from the date of receipt of
the representation.
3. If the representation is submitted as directed above,
further proceedings based on Ext.P6 shall be kept in
abeyance.
4. All the contentions raised by the petitioners in this writ
petition are left open, and the petitioners are free to
agitate the same before the 1st respondent.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AJ
Judgment reserved NA
Date of Judgment 14.10.2025
Draft judgment placed 15.10.2025
Final Judgment uploaded 16.10.2025
2025:KER:76349
APPENDIX OF WP(C) 16601/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 30.03.2025 ISSUED BY 5TH RESPONDENT
VILLAGE OFFICER
Exhibit P2 THE TRUE COPY OF THE LAND TAX RECEIPT DATED
18.06.2024 ISSUED BY 5TH RESPONDENT VILLAGE
OFFICER
Exhibit P3 THE TRUE COPY OF THE BTR DATED 07.04.2025
FOR 351.09 ARES OF LAND ISSUED BY 5TH
RESPONDENT VILLAGE OFFICER
Exhibit P4 THE TRUE COPY OF THE BUILDING PERMIT DATED
16.10.2018 ISSUED BY 7TH RESPONDENT
Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED
21.01.2020 IN OS NO. 652/2019 OF MUNSIFF
COURT, ERNAKULAM
Exhibit P6 THE TRUE COPY OF THE STOP MEMO DATED
14.03.2025 ISSUED BY 5TH RESPONDENT VILLAGE
OFFICER
Exhibit P7 THE TRUE COPY OF THE REPLY DATED 17.03.2025
SUBMITTED BEFORE 5TH RESPONDENT VILLAGE
OFFICER BY THE PETITIONERS
Exhibit P8 A COPY OF THE JUDGMENT DATED 20.01.2025 IN
WP(C) NO. 33656 OF 2022 OF THIS HON'BE COURT
REPORTED IN 2025 KLT ONLINE 1098 (SHANAWAS
MYTHEENKUNJU V. VILLAGE OFFICER, KEERIKKAD
VILLAGE)
Exhibit P9 THE TRUE COPY OF THE COMPLAINT DATED
11.02.2025 SUBMITTED BEFORE 8TH RESPONDENT
BY THE 1ST PETITIONER
Exhibit P10 THE TRUE COPY OF THE LATEST LOCATION
CERTIFICATE DATED 07.04.2025 ISSUED BY 5TH
RESPONDENT VILLAGE OFFICER
