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2026 Supreme(Online)(Ker) 37000

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
K. KRISHNANKUTTY – Appellant
Versus
STATE OF KERALA – Respondent
WP(PIL) NO. 97 OF 2026



The court directed the administrative authority (District Collector) to dispose of a representation regarding alleged illegal land conversion and unauthorized construction through a reasoned order after providing a fair hearing to all affected parties.

Headnote:The petitioner filed a Public Interest Litigation alleging the illegal conversion of Government land into private ownership and unauthorized construction activities in specific survey numbers in Elappully 2 Village, referring to a stop memo dated 24th January 2026. The primary issue is whether the complaint dated 1st March 2026 regarding land classification and unauthorized construction should be considered by the authorities. The court observed that the allegations are primarily directed against specific private respondents and noted the State's concern regarding the petitioner's bona fides. The Public Interest Litigation is disposed of by directing the District Collector to consider the representation and pass a reasoned order within twelve weeks after hearing affected parties.

Table of Content
1. allegations of illegal conversion of government land to private ownership and unauthorized construction. (Para 1 , 2)
2. submission regarding the scope of relief and state's challenge to petitioner's bona fides. (Para 3 , 4)
3. mandate for district collector to pass a reasoned order after a fair hearing. (Para 5)

1. This Public Interest Litigation has been filed alleging the conversion of Government land into private land. In paragraph 9 of the writ petition, particulars of certain survey numbers have been furnished to contend that the lands comprised therein were originally earmarked as Government land; however, they are now reflected in the revenue records in the names of private individuals.

2. The petitioner has also alleged large-scale construction activities in Re-survey No.322/4 and the apparent change in the classification or ownership of the said land. The petitioner has referred to a stop memo dated 24th January 2026, issued on the basis of a complaint submitted by the petitioner regarding unauthorized construction being carried out in Re-survey No.322/5 of Block No.42 in Elappully 2 Village.

3. The learned counsel for the petitioner submits that the only relief sought by the petitioner is the consideration of the complaint dated 1st March 2026.

4. The learned Senior Government Pleader appearing for the State respondents submitted that the allegations are primarily directed against respondent Nos. 8 and 9 and that there is serious doubt regarding the bona fides of the petitioner.

5. In view thereof, we dispose of this Public Interest Litigation by directing the District Collector to consider the said representation and dispose of the same by passing a reasoned order in accordance with law, after affording a reasonable opportunity of hearing to the petitioner and all persons likely to be affected in the event of acceptance of the petitioner’s contentions, within a period of twelve weeks from the date of receipt of a copy of this judgment.

6.1 The reasoned order so passed shall be communicated to the parties within a period of two weeks thereafter.

6.2 It is made clear that we have not expressed any opinion on the merits of the matter, and it shall be open to the District Collector to decide the representation independently and uninfluenced by any observations contained in this judgment.

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