Kerala High Court
WP(C)/30255/2023 of SHYLAKUMARI, Vs THE DISTRICT COLLECTOR, on 10 April 2025
No.30255 of 2023 2025:KER:31596 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. 30255 OF 2023 PETITIONER: SHYLAKUMARI, AGED 56 YEARS, D/O.KUNJU PILLAI, KRISHNA BHAVAN,
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. 30255 OF 2023
PETITIONER:
SHYLAKUMARI,
AGED 56 YEARS, D/O.KUNJU PILLAI,
KRISHNA BHAVAN, ATHANIKARA, CHENGAMANADU, ERNAKULAM, PIN - 683585
BY ADVS.
SHAKTHI PRAKASH
MUHASIN K.M.
FARHANA K.H.
AMJATHA D.A.
RESPONDENTS:
THE DISTRICT COLLECTOR,
FIRST 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, GROUND FLOOR,
MINI CIVIL STATION, PERIYAR NAGAR,
ALUVA, PIN - 683101
THE VILLAGE OFFICER,
NEDUMBASSERY VILLAGE OFFICE, MEKKAD,
NEDUMBASSERY, ERNAKULAM, PIN - 683589
THE AGRICULTURAL OFFICER,
NEDUMBASSERY KRISHI BHAVAN, MEKKAD P.O., ERNAKULAM, PIN - 683589
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.P4 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 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.P4 issued by the 2nd respondent. The 2nd respondent is directed to obtain a report from 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. Needless to say that the necessary fee for obtaining the report from the KSREC to be satisfied by the petitioner. Sd/-
HARISANKAR V. MENON
JUDGE anm
APPENDIX OF WP(C) 30255/2023
PETITIONER’S EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 05.06.2023 Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 07.01.2021 Exhibit P3 TRUE COPY OF THE REPORT OF THE 5TH RESPONDENT, AGRICULTURE OFFICER DATED NIL Exhibit P4 TRUE COPY OF THE ORDER DATED 04.02.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P5 COPY OF THE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONER