1 W.P.(C) Nos.13880 of 2023 & 13845 of 2023 2025:KER:31024 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. 13880 OF 2023 PETITIONER: VIPINA M., AGED 30 YEARS, W/O SHYAMAPRASAD E.K., RESIDING AT BHAVITHA NIVAS, PONNIAM WEST P.O, THALASSERY, PIN - 670641 BY ADV. SERGI JOSEPH THOMAS RESPONDENTS: 1 THE SUB COLLECTOR, OFFICE OF THE SUB COLLECTOR, THALASSERY, PIN - 670101 2 THE VILLAGE OFFICER, KATHIROOR VILLAGE OFFICE, KATHIROOR P.O, THALASSERY, PIN - 670642 3 THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE AND AGRICULTURAL FIELD OFFICER, THALASSERY MUNICIPALITY, KRISHI BHAVAN, THALASSERY, PIN - 670101 BY ADV. SRI.T.JAYAN, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2025, ALONG WITH WP(C).13845/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 W.P.(C) Nos.13880 of 2023 & 13845 of 2023 2025:KER:31024 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. 13845 OF 2023 PETITIONER: JIJINA P.V., AGED 32 YEARS, W/O VIPIN M, RESIDING AT VRINDAVAN, ERANHOLI P.O, THALASSERY, PIN - 670107 BY ADV. SERGI JOSEPH THOMAS RESPONDENTS: 1 THE SUB COLLECTOR, OFFICE OF THE SUB COLLECTOR, THALASSERY, PIN - 670101 2 THE VILLAGE OFFICER, KATHIROOR VILLAGE OFFICE, KATHIROOR P.O, THALASSERY, PIN - 670642 3 THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE AND AGRICULTURAL FIELD OFFICER, THALASSERY MUNICIPALITY, KRISHI BHAVAN, THALASSERY, PIN - 670101 BY ADV. SRI.T.JAYAN, GP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2025, ALONG WITH WP(C).13880/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) Nos.13880 of 2023 & 13845 of 2023 2025:KER:31024 JUDGMENT The petitioners in these writ petitions have filed separate applications in Form 6 before the 1st respondent in the respective writ petitions, seeking change in the description of the properties with reference to the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Pursuant to Ext.P5 orders, the 1st respondent herein, has rejected the applications filed by the petitioners. It is in such circumstances that the captioned writ petitions are filed by the respective petitioners. 2. I have heard Sri.Serji Joseph Thomas, the learned counsel for the petitioners and Sri.T.Jayan, the learned Government Pleader. 3. This Court notices that, it is a case of the petitioners that the properties in question were not included in the databank. The fact that the properties are not included in the databank is also seen admitted in Ext.P7, however, further adding that the properties are suitable for such inclusion. Such a finding has been made, without putting the petitioners on 4 W.P.(C) Nos.13880 of 2023 & 13845 of 2023 2025:KER:31024 notice. However, this Court notices that, though the 1st respondent has made reference to the images available in the Google Earth, the report of the Kerala State Remote Sensing and Environment Centre (KSREC) has not been obtained or referred to. 4. The learned Government Pleader would also point out that, even in the title deed, the property is shown as "nilam". 5. In the afore situation, I am of the opinion that the matter requires a reconsideration at the hands of the 1st respondent herein. Resultantly, these writ petitions would stand disposed of, directing the 1st respondent to consider and pass orders on the respective applications in Form 6 filed by the petitioners, after obtaining the report of the KSREC also, as expeditiously as possible, at any rate, within a period of 12 weeks from today. So as to facilitate the above, Ext.P5 in the respective writ petitions would stand set aside. The required fee for obtaining the report of the KSREC is to be satisfied by the petitioners. 5 W.P.(C) Nos.13880 of 2023 & 13845 of 2023 2025:KER:31024 Needless to say that the petitioners are to be granted an opportunity for being heard in the matter. Sd/- HARISANKAR V. MENON JUDGE anm 6 W.P.(C) Nos.13880 of 2023 & 13845 of 2023 2025:KER:31024 APPENDIX OF WP(C) 13880/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO. 308/2020 DATED 17/02/2020 OF THE SRO, KATHIROOR Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 02/07/2022 ISSUED BY THE VILLAGE OFFICER, KATHIROOR Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF THE DATA BANK OF KATHIROOR GRAMA PANCHAYAT Exhibit P4 TRUE COPY OF THE FORM 6 APPLICATION DATED 19/11/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P5 THE TRUE COPY OF THE ORDER DATED 01/02/2023 PASSED BY THE 1ST RESPONDENT Exhibit P6 THE TRUE COPY OF THE REPORT DATED NIL OF THE 2ND RESPONDENT Exhibit P7 THE TRUE COPY OF THE REPORT DATED NIL OF THE 3RD RESPONDENT 7 W.P.(C) Nos.13880 of 2023 & 13845 of 2023 2025:KER:31024 APPENDIX OF WP(C) 13845/2023 PETITIONERS’ EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO. 307/2020 DATED 17/02/2020 OF THE SRO, KATHIROOR Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 02/07/2022 ISSUED BY THE VILLAGE OFFICER, KATHIROOR Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF THE DATA BANK OF KATHIROOR GRAMA PANCHAYAT Exhibit P4 TRUE COPY OF THE FORM 6 APPLICATION DATED 19/11/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P5 THE TRUE COPY OF THE ORDER DATED 01/02/2023 PASSED BY THE 1ST RESPONDENT Exhibit P6 THE TRUE COPY OF THE REPORT DATED NIL OF THE 2ND RESPONDENT Exhibit P7 THE TRUE COPY OF THE REPORT DATED NIL OF THE 3RD RESPONDENT