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2026 Supreme(Online)(Ker) 24024

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
DR. A. GIRIDHAR – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: C.K. Karunakaran, Lekshmi P. Nair, Shifna Muhammed Shukkur, Krishna Suresh, Mekha Manoj, Anirudh Indukaladharan
For the Respondents: P.S. Appu

Table of Content
1. ownership and legal compliance of constructed land. (Para 1)
2. legal argument regarding fee application. (Para 2)
3. judicial interpretation of sections 27a and lawful construction. (Para 3)

J U D G M E N T

The petitioners are the owners of an extent of 5.95 ares (14.70 cents) of land in Survey No.664/1-28 of Elamkulam Village obtained by virtue of Sale Deed No.3030 of 2010 of SRO Ernakulam. The petitioners had constructed a building under Special Residential category in the said property on the basis of Building Permit No. KRP 1- COC-KRP/19/2011 dated 20.01.2012 issued by the Corporation of Cochin. After the completion of construction, the Corporation issued Occupancy Certificate to the petitioners and they are paying property tax for the building from the 1st half of 2013-2014. The petitioners state that though the property is 'purayidom', it is included in the Data Bank as “converted before 2008”. Therefore, the petitioners made an application in Form-5 under Rule 4(d) of the Kerala Conservation of Paddy land and Wetland Rules, 2008 (hereinafter referred to as ‘the Rules’) before the 4th respondent, the Sub Collector to remove the land from the Data Bank and by

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