Kerala High Court
WP(C)/21369/2023 of DR. SHAMEEM MAJEEDH Vs THE DISTRICT COLLECTOR on 10 April 2025
No.21369 of 2023 2025:KER:31590 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. 21369 OF 2023 PETITIONER: DR. SHAMEEM MAJEEDH AGED 51 YEARS, W/O. MUHAMMED MANZUR, KALPAKASSERY
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. 21369 OF 2023
PETITIONER:
DR. SHAMEEM MAJEEDH
AGED 51 YEARS, W/O. MUHAMMED MANZUR,
KALPAKASSERY HOUSE, PETTA P.O.,
THIRUVANANTHAPURAM, PIN - 695024
BY ADVS.
SHAKTHI PRAKASH
MUHASIN K.M.
SUKANYA S.
RESPONDENTS:
THE DISTRICT COLLECTOR
1ST FLOOR, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN - 682030
THE REVENUE DIVISIONAL OFFICER
FORT KOCHI REVENUE DIVISIONAL OFFICE,
K B JACOB ROAD, FORT KOCHI,
ERNAKULAM, PIN - 682001
THE TAHSILDAR
ALUVA TALUK OFFICE, 1ST FLOOR,
MINI CIVIL STATION, PERIYAR NAGAR,
ALUVA, ERNAKULAM, PIN - 683101
THE VILLAGE OFFICER
ALUVA EAST VILLAGE OFFICE,
CHOONDI JUNCTION, ERUMATHALA,
ALUVA, ERNAKULAM, PIN - 683563
THE AGRICULTURE OFFICER
EDATHALA KRISHI BHAVAN, EDATHALA,
ALUVA, PIN - 683563
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 on the application
filed by the petitioner, 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.P5 – KSREC report, obtained by the petitioner. Sd/-
HARISANKAR V. MENON
JUDGE anm
APPENDIX OF WP(C) 21369/2023
PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 14.09.2022 Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 14.09.2022 Exhibit P3 TRUE COPY OF THE ORDER DATED 22.05.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P4 A COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER Exhibit P5 TRUE COPY OF THE KSREC REPORT DATED 19.12.2023 FORWARDED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT