P.J.Kushan vs District Collector
2026 Latest Caselaw 277 Ker

Kerala High Court

P.J.Kushan vs District Collector on 13 January, 2026

                                                        2026:KER:2294
W.P.(PIL)No.130 of 2025
                                     1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

           THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN

                                    &

               THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

     TUESDAY, THE 13TH DAY OF JANUARY 2026 / 23RD POUSHA, 1947

                          WP(PIL) NO. 130 OF 2025


PETITIONER:

            P.J.KUSHAN
            AGED 60 YEARS, S/O JANARDHANAN PADIYATHARA,
            ELAMKUNNAPUZHA BEACH, ELAMKUNNAPUZHA,
            ERNAKULAM, PIN - 682 503


            BY ADVS.
            SRI.V.M.KRISHNAKUMAR
            SMT.POOJA SUNIL


RESPONDENTS:

     1      DISTRICT COLLECTOR
            COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682 030

     2      CHAIRMAN
            KERALA COASTAL ZONE MANAGEMENT AUTHORITY, THAMPANOOR,
            KSRTC BUILDING THIRUVANANTHAPURAM, PIN - 695 001

     3      REVENUE DIVISIONAL OFFICER/SUB COLLECTOR
            OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI,
            ERNAKULAM, PIN - 682 001

     4      AGRICULTURAL OFFICER
            KRISHI BHAVAN ELAMKUNNAPUZHA, ELAMKUNNAPUZHA,
            ERNAKULAM, PIN - 682 503

     5      SECRETARY
            ELAMKUNNAPUZHA GRAMAPANCHAYATH OFFICE, NEAR FIRE
            STATION, MALIPURAM, ERNAKULAM, PIN - 682 511

     6      SHAMEEM MAJEED
            PALAKKAPARAMBIL HOUSE, HOUSE NO. XI/630,
            VELIYANNUR DESOM, THRISSUR, PIN - 680 001
                                                                 2026:KER:2294
W.P.(PIL)No.130 of 2025
                                       2


     7      ELAMKUNNAPUZHA GRAMAPANCHAYATH
            REPRESENTED BY ITS SECRETARY, ELAMKUNNAPUZHA
            GRAMAPANCHAYATH OFFICE, NEAR FIRE STATION,
            MALIPURAM, ERNAKULAM,, PIN - 682 511

            BY ADVS.
            SHRI.PRAKASH M.P., SC, KCZMA
            SRI.PHILIP T.VARGHESE
            SRI.THOMAS T.VARGHESE
            SMT.ACHU SUBHA ABRAHAM
            SMT.V.T.LITHA
            SMT.K.R.MONISHA
            SHRI.JIJO PAUL



OTHER PRESENT:

             SR.GP- VINITHA B.


      THIS WRIT PETITION (PUBLIC INTEREST LITIGATION) HAVING COME
UP   FOR   ADMISSION      ON   13.01.2026,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
                                                        2026:KER:2294
W.P.(PIL)No.130 of 2025
                                   3




                            JUDGMENT

Dated this the 13th day of January, 2026

Soumen Sen, C.J.

The grievance of the petitioner is that respondent nos.1 to

3, in spite of adequate information, did not take any steps for

reclamation of land in Sy. No. 395/3 (Old Sy. No. 1432/1) of

Elamkunnapuzha Village, Kochi Taluk, Ernakulam District.

This is a clear violation of the Coastal Regulation Zone

Notification, 2019.

2. In terms of the earlier order, a report has been filed

by the District Collector, Ernakulam wherein it is, inter alia,

stated as follows:

"As directed by the Tahsildar, survey procedure was going on at the same time, and it was learnt that old survey records are not available. A letter has also been given to the Agricultural officer requesting that to re- verify the exclusion of the said property from data bank. Meanwhile, direction from the Sub Collector, Fort Kochi has also been received to the Tahsildar to verify whether it was a re-survey mistake in records or not and to take necessary action after verifying the 2026:KER:2294

history of land using Geo coordinates, classification of neighboring properties, physical condition of the property etc.

The Geo coordinates of the property in question was checked as per Google Earth and it was found that the land in question was found waterlogged until 2022 and the conversion of the land has found started only in the year 2023.

Therefore based on the facts and findings during verification, a proceedings has been issued by the Tahsildar Kochi on 04/01/2025 as per TLKCHN/5333/2024-L4 which ordered that the said property is changed into "Nilam" category instead of 'Purayidom' category and directed to make changes in records of village office as the same was a resurvey mistake. In accordance with the above order the Village Officer Elankunnapuzha has changed the records dated 04/10/2025.

Since the land was Re classified as Nilam in Revenue records, and act of conversion of the land is illegal, hence, the District Collector has directed the Sub Collector Fort Kochi vide this office letter No. DCEKM/13103/2024-L 17 Dated 04.11.2025 to inspect the site and report the details of violation of the Kerala Conservation of Paddy Land and Wetland Act 2008, to the District Collector, for proceeding further as per Section 13 of the Kerala Conservation of Paddy Land and Wetland Act 2008."

2026:KER:2294

3. It appears that the grievance of the writ petitioner is

genuine and pursuant to the directions of this Court, steps

have now been taken by the authorities concerned. In view of

the aforesaid actions, the grievance of the petitioner stands

adequately addressed by the authorities.

4. The writ petition is, accordingly, disposed of.

Sd/-

Soumen Sen Chief Justice

Sd/-

Syam Kumar V.M. Judge vpv 2026:KER:2294

APPENDIX OF WP(PIL) NO. 130 OF 2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE CRZ MAP PUBLISHED BY THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY SHOWING THE CLASSIFICATION OF THE LAND Exhibit P2 PHOTOGRAPHS SHOWING THE ILLEGAL RECLAMATION ACTIVITIES OF THE 6TH RESPONDENT Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 03.10.2025 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2 Exhibit P4 TRUE COPY OF THE COUNTER FILED BY THE PETITIONER IN WP(C). NO. 33627/ 2025