Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 13844

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
NAVAMI SUDHAKAR – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 43657 OF 2023

Advocates:
For the Appellants/Petitioners: SRI.K.M.ANEESH, SRI.SHASHANK DEVAN, SRI.ADARSH KUMAR
For the Respondents: SRI. UNNIKRISHNA KAIMAL

The reversal of a prior beneficial ruling by the Supreme Court negates any claims for fee exemptions under the applicable law.

Headnote:Statute Analysis: The petitioner seeks benefits under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008, as per Moushmi Ann Jacob v. State of Kerala, which stated no fees for properties up to 25 cents. Facts of the Case: The writ petition contests the fee requirement for property on grounds of prior judgment favoring the petitioner, now reversed by the Apex Court in State of Kerala v. Moushmi Ann Jacob.

Findings of Court:
The High Court finds no merits in the petitioner’s claim.

Issues: The court considers whether the petitioner is entitled to the claimed benefits post-reversal of prior judgment.

Ratio Decidendi: The court emphasizes the impact of the Apex Court decision on lower court judgments, affirming legal precedents dictate the outcome.

Result: The writ petition is dismissed.

Table of Content
1. claim for fee exemption based on prior judgment. (Para 1)
2. impact of supreme court judgment on local rulings. (Para 2)

J U D G M E N T

The petitioner has filed the captioned writ petition seeking to claim the benefits of the judgment of this Court in Moushmi Ann Jacob v. State of Kerala [2023 (5) KHC 339], as per which no fee required to be paid with respect to the properties upto an extent of 25 cents with reference to the provisions of Section 27A of the Kerala Conservation of Paddy Land and Wetland Act , 2008.

2. However, the judgment of this Court, which was in favour of the petitioner is reversed by the Apex court in the Judgment reported as State of Kerala v. Moushmi Ann Jacob [2025 (2) KLT 26]

In the light of the afore, I find no merits in this writ petition, and the same would stand dismissed.

Sd/-

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2026 Supreme(Online)(Ker) 13844

IN THE HIGH COURT OF KERALA AT ERNAKULAMHARISANKAR V. MENON, JNAVAMI SUDHAKAR – AppellantVersusSTATE OF KERALA – RespondentWP(C) NO. 43657 OF 2023

The reversal of a prior beneficial ruling by the Supreme Court negates any claims for fee exemptions under the applicable law.

Cases Referred (2)

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
NAVAMI SUDHAKAR – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 43657 OF 2023