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2026 Supreme(Online)(Ker) 19708

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
THOMAS.V.J – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 19073 OF 2023



Advocates:
For the Appellants/Petitioners: Sri.Avaneesh Koyikkara, Shri.Saljo Jose
For the Respondents: Sri. N.B. Sunil Nath

The court emphasizes the importance of due process and the necessity of notifying affected parties during land record change appeals.

Headnote:In this judgment, the court addresses a petition under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The petitioner sought a change in land records, with earlier rejection indicating third-party interests. The court directs timely consideration of the appeal with necessary notice to affected parties, emphasizing procedural fairness. The ruling statement mandates the district collector to determine the appeal within four months.

Table of Content
1. court mandates due consideration for land appeals (Para 1 , 2 , 3)

J U D G M E N T

Heard Sri. Avaneesh Koyikkara, the learned counsel for the petitioner, as well as Sri. N.B. Sunil Nath, the learned Government Pleader.

2. An application in Form 7 filed by the petitioner for change of the nature of the land in the revenue records was rejected pursuant to Ext. P5 order issued by the 4th respondent herein. Aggrieved by the said order, the petitioner preferred Ext. P7 statutory appeal under Section 27B of the Kerala Conservation of Paddy Land and Wetland Act , 2008 before the District Collector. It is seeking a direction to the 3rd respondent to consider and pass orders on the said appeal expeditiously that the petitioner has approached this Court through the captioned writ petition.

3. The learned Government Pleader invites the attention of this Court to the averments in paragraph 3 of the counter affidavit filed by the 5th respondent to point out that certain portions of the properties are included in the names of third parties, as stated therein. Therefore, according to him, if the appeal is directed to be considered, it would be in the interest of justice that the affected parties, if any, are also put on notice.

In the light of the aforesaid submissions, this writ petition is disposed of, directing the 3rd respondent District Collector to consider and pass orders on Ext. P7 appeal, after issuing notice to and affording an opportunity of hearing to the petitioner as well as the affected parties referred to in the counter affidavit filed by the 5th respondent, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment.

Sd/-

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