Kerala High Court

Kerala HC: Coastal Zone Land Purchase Approval Stands Despite Procedural Claims

Updated
Dec 21, 2025 10:53 PM
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Summary: On November 25, 2025, the Kerala High Court rejected Harold Nicholson's request to overturn an approval related to a land purchase in a coastal regulation zone. The court found that the approval was properly given despite claims of mistakes in the process.

The Main Players

Harold Nicholson, along with several others, filed a request against the Registrar of Co-operative Societies in Kerala. The case was heard by Judge A. Badharudeen at the High Court in Ernakulam.

What's the Issue?

The people who filed the request were challenging an approval (Ext.P5) issued on July 4, 2025. This approval was connected to the purchase of land by the Korampadam Service Co-operative Bank in a coastal regulation zone (CRZ) without proper permission. They argued that buying land in a CRZ isn't against the law by itself.

Arguments

Nicholson's lawyer argued that the approval was not right because it was based only on the purchase of property in a CRZ, which isn't against the law on its own. They mentioned past court decisions that said approvals must be given with careful thought and not just as a routine step.

“The grant of approval is not an empty formality but a serious act which protects public workers from unnecessary legal action.”

The Court's Take

The court noted that the land was bought for Rs. 1,22,36,000, which was much higher than the estimated value of Rs. 69,73,401.28. This raised concerns about financial loss to the society, justifying the approval. The court also pointed out that the purchase was made before getting necessary permissions, breaking Rule 54 of the Kerala Co-operative Societies Rules, 1969.

Final Decision

Judge A. Badharudeen decided that the approval was valid, as it was based on the available evidence and followed the rules. The court dismissed the request, allowing the investigation to continue.

Key Dates

  • September 7, 2015: Initial approval for land purchase obtained.
  • September 30, 2015: Sale deed completed.
  • July 4, 2025: Contested approval order (Ext.P5) issued.
  • November 25, 2025: Court dismissed the request.

The case shows how important it is to follow legal steps in land deals, especially in sensitive areas like coastal zones.