Kerala High Court
WP(C)/39722/2023 of BABU T.K Vs THE REVENUE DIVISIONAL OFFICER on 10 April 2025
No.39722 of 2023 2025:KER:31589 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. 39722 OF 2023 PETITIONER: BABU T.K AGED 70 YEARS, S/O CHAATHU, THEJUS, PATHIYARAKKARA.P.O,
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. 39722 OF 2023
PETITIONER:
BABU T.K
AGED 70 YEARS, S/O CHAATHU,
THEJUS, PATHIYARAKKARA.P.O, VADAKARA,
KOZHIKODE DISTRICT, PIN - 673105
BY ADVS.
K.A.MANZOOR ALI
V.A.MUHAMMED
RESPONDENTS:
THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE,
VADAKARA, PIN - 673101
THE VILLAGE OFFICER
VILLAGE OFFICE, PALLAYAD,
VADAKARA THALUK, PIN - 673101
AGRICULTRE OFFICER
KRISHI BHAVAN, MANIYUR IN
VADAKARA THALUK, PIN - 673101
JUNIOR SUPERINTENDENT
REVENUE DIVISIONAL OFFICE, VADAKARA,
KOZHIKODE, PIN - 673101
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 sought for the removal of his property which was included in the databank, for which he has filed an application in Form No 5. Pursuant to Ext.P8 issued by the Revenue Divisional Officer (RDO), the application was rejected. It is in the afore circumstances that the captioned writ petition is filed by the petitioner.
2. I have heard Sri.K.A.Manzoor Ali, the learned counsel for the petitioner and Sri.T.Jayan, the learned Government Pleader.
3. This Court notices that the application is rejected without obtaining the report of Kerala State Remote Sensing and Environment Centre (KSREC). The 1st respondent placed reliance on Ext.P6 report of the Junior Superintendent alone when actually the Village Officer, through Ext.P5 had endorsed the claim made by the petitioner. I am at a loss to understand the reason behind placing reliance on the report at Ext.P6. Therefore, this writ petition would stand disposed of as under; i. Ext.P8 issued by the 1st respondent is set aside.
ii. The 1st respondent to take note of Ext.P10 report of the KSREC relied on by the petitioner as well as Ext.P5 report of the Village Officer. iii. The 1st respondent is not to place reliance on the contents of Ext.P6 report. iv. The order as above is to be issued within a period of 12 weeks from today, after hearing the petitioner also. Sd/-
HARISANKAR V. MENON
JUDGE anm
APPENDIX OF WP(C) 39722/2023
PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO. KL11031101469/2023 DATED 11.04.2023 SHOWING THE DETAILS OF THE PROPERTY OF THE PETITIONER Exhibit P2 PHOTOGRAPH SHOWING THE RESIDENTIAL BUILDING AND THE TREES STANDING THERE IN THE SAID PROPERTY. Exhibit 3 TRUE COPY OF THE RELEVANT PAGE OF THE NOTIFIED DATA BANK CERTIFIED BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE FORM 5 APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. Exhibit P5 TRUE COPY OF THE REPORT DATED 14.03.2022 SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE REPORT DATED 16.08.2022 FILED BY THE JUNIOR SUPERINTENDENT TO THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE REPORT NO.108/2022 DATED 01.09.2022 OF THE 2ND RESPONDENT. Exhibit P8 TRUE COPY OF THE ORDER DATED 02.09.2022 PASSED BY THE 1ST RESPONDENT. Exhibit P9 TRUE COPY OF THE APPLICATION DATED 19.01.2023 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P10 TRUE COPY OF THE SATELLITE IMAGE/REPORT NO.A-172/2015/ KSREC/003224/23.
RESPONDENTS’ EXHIBITS Exhibit R1(a) TRUE COPY OF THE LETTER NO. 108/2022 DATED 1.9.22 OF VILLAGE OFFICER PALAYAD