Kerala High Court
WP(C)/36978/2023 of GEORGE V. PAUL, Vs THE DISTRICT COLLECTOR, on 10 April 2025
No.36978 of 2023 2025:KER:31595 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. 36978 OF 2023 PETITIONER: GEORGE V. PAUL, AGED 63 YEARS, S/O. PAUL, VALYAMATTATHIL 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. 36978 OF 2023
PETITIONER:
GEORGE V. PAUL,
AGED 63 YEARS, S/O. PAUL,
VALYAMATTATHIL HOUSE, AYARKUNNAM P.O.,
KOTTAYAM, PIN - 686564
BY ADVS.
SHAKTHI PRAKASH
MUHASIN K.M.
AMJATHA D.A.
FARHANA K.H.
RESPONDENTS:
THE DISTRICT COLLECTOR,
COLLECTORATE, KOTTAYAM – KUMILY ROAD,
THE REVENUE DIVISIONAL OFFICER,
KOTTAYAM REVENUE DIVISIONAL OFFICE,
2ND FLOOR, MINI CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY, KOTTAYAM, PIN - 686001
THE TAHSILDAR,
KOTTAYAM TALUK OFFICE, 1ST FLOOR,
MINI CIVIL STATION, UNION CLUB ROAD,
PUTHENANGADY, KOTTAYAM, PIN - 686001
THE VILLAGE OFFICER,
AYARKUNNAM VILLAGE OFFICE, KIDANGOOR-MANARCAD
ROAD, AYARKUNNAM, KOTTAYAM, PIN - 686564
THE AGRICULTURE OFFICER,
AYARKUNNAM KRISHI BHAVAN, AYARKUNNAM,
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 data bank 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 was converted much prior to the 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 take note of Ext.P4 report of the
KSREC, and pass fresh orders, as expeditiously as possible, at any rate, within a period of 12 weeks from today, after hearing the petitioner also. Sd/-
HARISANKAR V. MENON
JUDGE anm
APPENDIX OF WP(C) 36978/2023
PETITIONER’S EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 23.05.2022 Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION DATED 23.05.2022 Exhibit P3 TRUE COPY OF THE ORDER DATED 05.04.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE REPORT ISSUED FROM THE OFFICE OF THE DIRECTOR KSREC DATED 21.12.2019 Exhibit P5 COPIES OF THE PHOTOGRAPHS OF THE PETITIONER’S PROPERTY