Kerala High Court
WP(C)/22237/2023 of VASUDEVAN NAIR, Vs THE DISTRICT COLLECTOR, on 10 April 2025
No.22237 of 2023 2025:KER:31588 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 22237 OF 2023 PETITIONER: VASUDEVAN NAIR, AGED 71 YEARS, S/O. CHANDHU NAMBIAR, GOKULAM HOUSE,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
WP(C) NO. 22237 OF 2023
PETITIONER:
VASUDEVAN NAIR,
AGED 71 YEARS, S/O. CHANDHU NAMBIAR,
GOKULAM HOUSE, KIZHAKKUMMURI P.O.,
KAKKODI, KOZHIKODE, PIN - 673611
BY ADVS.
SHAKTHI PRAKASH
MUHASIN K.M.
SUKANYA S.
RESPONDENTS:
THE DISTRICT COLLECTOR,
CIVIL STATION, WAYANAD ROAD,
ERANHIPPALAM, KOZHIKODE, PIN - 673020
THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE REVENUE DIVISIONAL OFFICE,
CIVIL STATION, WAYANAD ROAD,
ERANHIPPALAM, KOZHIKODE, PIN - 673020
THE TAHSILDAR,
KOZHIKODE TALUK OFFICE, CIVIL STATION,
WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE, PIN - 673020
THE VILLAGE OFFICER,
KAKKODI VILLAGE OFFICE, NEAR PANCHAYATH
OFFICE, KAKKODI, KOZHIKODE, PIN - 673611
THE AGRICULTURE OFFICER,
KAKKODI KRISHI BHAVAN, KOZHIKODE
BALUSSERY ROAD, KOZHIKODE, PIN - 673611
THE DIRECTOR,
KERALA STATE REMOTE SENSING AND
ENVIRONMENT CENTRE, VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033
BY ADV.
SRI.T.JAYAN, GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
The petitioner has filed the captioned writ petition, seeking to challenge Ext.P3 order issued by the 2nd respondent, by which the application seeking removal of the property from the databank came to be rejected.
2. I have heard the learned counsel for the petitioner and the learned Government Pleader.
3. This Court notices that it is without obtaining the report from the Kerala State Remote Sensing and Environment Centre (KSREC) that the impugned order is issued. Insofar as the petitioner had a contention that the property converted much prior to enactment of the Kerala Conservation of Paddyland and Wet Land Act, 2008, the 2nd respondent ought to have obtained the report of the KSREC. Insofar as it is not done, the impugned order requires to be set aside. Therefore, this writ petition would stand disposed of, setting aside Ext.P3 issued by the 2nd respondent. The 2nd respondent is directed to pass fresh orders, as expeditiously
as possible, at any rate, within a period of 12 weeks from today, after hearing the petitioner and also with reference to Ext.P4 – KSREC report, obtained by the petitioner. Sd/-
HARISANKAR V. MENON
JUDGE anm
APPENDIX OF WP(C) 22237/2023
PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 24.05.2023 Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 29.10.2021 ALONG WITH HAND WRITTEN LEGIBLE COPY Exhibit P3 TRUE COPY OF THE ORDER DATED 01.04.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE KSREC REPORT DATED 19.02.2024 FORWARDED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT