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2025 DAILYLAW 4652 (KER)

SARINA NOUSHAD, v. STATE OF KERALA,

WP(C)/10466/2023 · 2025-04-08

Harisankar V Menon

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 W.P.(C) No.10466 of 2023 2025:KER:31021 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 10466 OF 2023 PETITIONERS: 1 SARINA NOUSHAD, AGED 54 YEARS, W/O.T.S.NOUSHAD, RESIDING AT PLAPPILLIL HOUSE, CHANGAMPUZHA NAGAR P.O, ERNAKULAM, PIN - 682033 2 SABNA NOUSHAD, AGED 38 YEARS, D/O.T.S.NOUSHAD, RESIDING AT PLAPPILLIL HOUSE, CHANGAMPUZHA NAGAR P.O, ERNAKULAM, PIN - 682033 BY ADVS. V.N.HARIDAS SAIFUDEEN T.S PARVATHY S.R. RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FORT KOCHI, K.B.JACOB ROAD, FORT KOCHI, ERNAKULAM, PIN - 682001 3 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER, AGRICULTURAL OFFICE, KRISHI BHAVAN, KANGARAPPADY, KALAMASSERY, ERNAKULAM, PIN - 682021 2 W.P.(C) No.10466 of 2023 2025:KER:31021 BY ADV. SRI T JAYAN GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) No.10466 of 2023 2025:KER:31021 JUDGMENT The petitioners have filed an application in Form 5 for removing the property covered in Re.Sy. No.662/6 of Thrikkakkara North Village, from the databank. Pursuant to Ext.P4 order, the Revenue Divisional Officer (RDO) has rejected the application filed as above. It is in the afore circumstances that the captioned writ petition is filed by the petitioners. 2. I have heard Sri.Haridas, the learned counsel for the petitioners and Sri.T.Jayan, the learned Government Pleader. 3. This Court notices that the impugned order at Ext.P4 is one passed solely with reference to the report of the Agricultural Officer. This Court further notices that the report of the Agricultural Officer has been produced by the petitioners, as evidenced by Ext.P3. The said report, in fact, contains certain observations which are in favour of the petitioners with reference to the neighbouring properties. Similarly, the impugned order does not make reference to any report from the Kerala State Remote Sensing and Environment Centre (KSREC). The petitioners have produced the report of the KSREC, produced as Ext.P5 along with I.A.No.3 of 2025. 4 W.P.(C) No.10466 of 2023 2025:KER:31021 4. In the light of the afore, the matter requires a reconsideration at the hands of the RDO. Resultantly, this writ petition would stand disposed of, by setting aside Ext.P4 and directing the 2nd respondent herein to reconsider the Form 5 application filed by the petitioners, with specific reference to the report of the KSREC as well as the report of the Agricultural Officer and such other documents to be produced by the petitioners, within a period of 12 weeks from today. Sd/- HARISANKAR V. MENON JUDGE anm 5 W.P.(C) No.10466 of 2023 2025:KER:31021 APPENDIX OF WP(C) 10466/2023 PETITIONERS’ EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 26.11.21 ISSUED BY THE THRIKKAKKARA NORTH VILLAGE OFFICE. Exhibit P2 PHOTOGRAPHS SHOWING THE NATURE OF THE LAND AS ON TODAY Exhibit P3 A TRUE COPY OF THE REPORT GIVEN BY THE AGRICULTURAL OFFICER DATED 26.02.2021 Exhibit P4 A TRUE COPY OF THE ORDER DATED 16.08.2022 ISSUED BY THE 2ND RESPONDENT REJECTING THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER. Exhibit P5 A TRUE COPY OF THE KSREC REPORT OF THE PETITIONERS’ LAND