Santhosh K. B vs State Of Kerala
2026 Latest Caselaw 1586 Ker

Kerala High Court

Santhosh K. B vs State Of Kerala on 13 February, 2026

Author: Sathish Ninan

Bench: Sathish Ninan

                                               2026:KER:13048

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

                               &

           THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

  FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947

                       FAO NO. 11 OF 2026

        AGAINST THE ORDER DATED 29.10.2025 IN CMA NO.4 OF 2021

OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -IV, THRISSUR

  / III ADDITIONAL MACT/RENT CONTROL APPELLATE AUTHORITY,

                            THRISSUR

APPELLANT/PETITIONER/APPELLANT:

           SANTHOSH K. B.
           AGED 44 YEARS
           KALARIKKAL HOUSE, THRISSUR DISTRICT, P.O.
           ARANGOTTUKARA, PIN - 679532

           BY ADV SHRI.REBIN VINCENT GRALAN
RESPONDENTS/RESPONDENTS/RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY GOVERNMENT PLEADER , HIGH COURT OF
           KERALA, PIN - 682031

    2      STATE OF KERALA, REP BY DISTRICT COLLECTOR
           REPRESENTED BY COLLECTORATE, CIVIL STATION,
           THRISSUR DISTRICT, P.O. AYYANTHOLE, PIN - 680003
                                            2026:KER:13048

F.A.O.No.11 of 2026
                           -: 2 :-



    3      AGRICULTURE OFFICER
           OLLUKKARA KRISHI BHAVAN, THRISSUR DISTRICT,
           P.O. MANNUTHY, PIN - 680651

    4      VILLAGE OFFICER
           OLLUKKARA VILLAGE,THRISSUR DISTRICT, P.O.
           MANNUTHY, PIN - 680655

    5      SUB INSPECTOR OF POLICE
           MANNUTHY POLICE STATION, SALEM ERNAKULAM
           HIGHWAY, SANTOSH NAGAR, THRISSUR DISTRICT,
           P.O. MANNUTHY, PIN - 680651

    6      LOCAL LEVEL MONITORING COMMITTEE
           OLLUKKARA, KRISHI BHAVAN, THRISSUR DISTRICT,
           MANNUTHY P. O., PIN - 680655

    7      SUB COLLECTOR, RDO OFFICE
           CIVIL STATION, THRISSUR DISTRICT, AYYANTHOLE
           P.O., PIN - 680003

           GOVERNMENT PLEADER

THIS FIRST APPEAL FROM ORDERS HAVING COME UP             FOR
HEARING ON 13.02.2026, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
                                                           2026:KER:13048



          SATHISH NINAN & P. KRISHNA KUMAR, JJ.
            = = = = = = = = = = = = = = = = = =
                   F.A.O. No.11 of 2026
            = = = = = = = = = = = = = = = = = =
         Dated this the 13th day of February, 2026

                                  JUDGMENT

Sathish Ninan, J.

The application seeking restoration of an appeal, was

dismissed by the court, against which this appeal by the

petitioner.

2. We have heard the learned counsel for the

appellant.

3. The Civil Miscellaneous Appeal was filed under

Section 21 of the Kerala Conservation of Paddy Land and

Wetland Act, 2008, challenging the order of the District

Collector directing seizure of the appellant's vehicle.

4. On 07.07.2023, the counsel for the appellant

reported 'no instructions' and submitted that there is no

objection in the appeal being dismissed for default.

2026:KER:13048

Accordingly, the appeal was dismissed. Subsequently, the

appellant filed I.A.No.8 of 2023 seeking restoration of the

appeal.

5. Challenging the order of the District Collector,

the appellant had approached this Court in W.P.(C) No.21515

of 2020. This Court, after exhaustive consideration of the

issue on its merits, dismissed the writ petition as per the

judgment dated 10.11.2020.

6. Thereafter, on 29.12.2020, the appellant preferred

C.M.A.No.4 of 2021 before the District Court, challenging

the order of the District Collector, in the statutory appeal

provided under Section 21 of the Kerala Conservation of

Paddy Land and Wetland Act. The factum of having invited a

judgment from this Court in the writ petition, was not

disclosed.

7. After preferring C.M.A.No.4 of 2021, the appellant

filed W.A.No.392 of 2021 challenging the judgment in the 2026:KER:13048

writ petition. The learned Government Pleader brought it to

the notice of the Division Bench. The writ appeal was filed

without disclosing about the filing of the CMA. The Division

Bench, as per judgment dated 17.03.2021, dismissed the

appeal with costs. After almost two and half years, on

07.07.2023, the CMA was dismissed on the submission of the

counsel as noted supra.

8. Having had given up the statutory remedy of appeal

and having chosen to agitate his grievance before this Court

in exercise of the extraordinary jurisdiction under Article

226 of the Constitution, and having invited an adverse

judgment on the merits, the appellant cannot be permitted to

fall back upon the statutory remedy. This is nothing short

of 'forum shopping'.

9. Further, the appeal was dismissed on the

submission of the counsel reporting no instructions.

However, the affidavit filed in support of the application, 2026:KER:13048

a copy of which was made available to us by the learned

counsel for the appellant, does not offer any explanation

for such incident. Therefore, no sufficient cause is shown

for the non-appearance of the appellant.

10. Considering the entire circumstances, we find that

the court was justified in having declined to restore the

CMA. There is no reason to interfere with the order of the

Court.

Resultantly, the appeal fails and is dismissed.

Sd/-

SATHISH NINAN JUDGE

Sd/-

P. KRISHNA KUMAR JUDGE yd 2026:KER:13048

APPENDIX OF FAO NO. 11 OF 2026

PETITIONER ANNEXURES

Annexure A1 A TRUE COPY OF THE CMA NO. 4/2021 BEFORE THE IVTH ADDITIONAL DISTRICT & SESSIONS COURT, THRISSUR DT. 29.12.2020 Annexure A2 A TRUE COPY OF THE ORDER IN W.P.C NO.

21515 OF 2020 BY THE HON'BLE HIGH COURT OF KERALA DT 10.11.2020 Annexure A3 A TRUE COPY OF THE JUDGEMENT IN W.A NO.

392 OF 2021 BY THE HON'BLE HIGH COURT OF KERALA DT 17.03.2021