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2026 Supreme(Online)(Ker) 7788

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
KOCHUPILLAI K.S – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 40769 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.ROSE MICHAEL, SRI.C.P.WILSON, SHRI.MICHAEL PAUL CHITTINAPPILLY, SMT.MEERAMOL JIJI
For the Respondents: AJITH VISWANATHAN

Misclassification of land necessitates modification in legal acknowledgment of land status with implications for compensation.

Headnote:In interpreting property categorization, the court references relevant documents including Ext.P1 and Ext.P3, discussing that the petitioner’s land is wrongly classified as wet land without road access. The court finds merit in the petitioner’s request for modification of the categorization. It concludes with the determination to direct modification of Ext.P1 to recognize the property as dry land with proper access. The petition is therefore allowed.

Table of Content
1. misclassification of land status. (Para 1)
2. uncontested claims and documentation support. (Para 2)
3. judicial remedy granted for land status appeal. (Para 3)

JUDGMENT

The petitioner is aggreived by Ext.P1 proceedings, wherein the petitioner’s property has been categorized as a wet land, without road access. The petitioner would contend that, an application in Form-5 preferred by the petitioner has been allowed and the property has been removed from the data bank, vide Ext.P8. That apart, petitioner filed another application in Form-6 seeking conversion of the petitioner’s land to dry land, vide Ext.P9. The above aspects would unerringly point to the fact that the property in question is a dry land; and not a wet land. That apart, going by Ext.P3 location sketch, it could be seen that a property has a P.W.D road access. On such premise, the petitioner seek relief for appropriate modification of Ext.P1 proceedings.

2. Having perused the above documents, the learned Government Pleader would not dispute the facts and claims made by the petitioner, which are recorded above.

3. In such circumstances, there will be a direction to the 2nd respondent/District Collector to make suitable modification to Ext.P1, so as to treat the petitioner’s land as a dry land with P.W.D road access - instead of a wet land with no road access - at the time of passing the Award and the compensation has to be fixed accordingly.

The Writ Petition (Civil) stands allowed as accordingly.

Sd/-

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