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2025 DAILYLAW 7264 (KER)

PRASANNAKUMARI, v. THE DISTRICT COLLECTOR,

WP(C)/16864/2023 · 2025-04-10

Harisankar V Menon

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 W.P.(C) No.16864 of 2023 2025:KER:31598 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. 16864 OF 2023 PETITIONER: PRASANNAKUMARI, AGED 59 YEARS, W/O. CHAMUNNI, AVITTAM HOUSE, MURIYAD P.O., MURIYAD, THRISSUR, PIN - 680683 BY ADVS. SHAKTHI PRAKASH MUHASIN K.M. RESPONDENTS: 1 THE DISTRICT COLLECTOR, 1ST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003 2 THE REVENUE DIVISIONAL OFFICER, IRINJALAKUDA REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION, CHEMMANDA ROAD, IRINJALAKUDA, THRISSUR, PIN - 680125 3 THE TAHSILDAR, MUKUNDAPURAM TALUK OFFICE, MUKUNDAPURAM, CHEMMANDA ROAD, IRINJALAKUDA, THRISSUR, PIN - 680125 4 THE VILLAGE OFFICER, MURIYAD VILLAGE OFFICE, MURIYAD PANCHAYATH – VELLILAMKUNNU ROAD, MURIYAD P.O., THRISSUR, PIN - 680683 2 W.P.(C) No.16864 of 2023 2025:KER:31598 5 THE AGRICULTURE OFFICER, MURIYAD KRISHI BHAVAN, MURIYAD P.O., THRISSUR, PIN - 680683 6 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: 3 W.P.(C) No.16864 of 2023 2025:KER:31598 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 4 W.P.(C) No.16864 of 2023 2025:KER:31598 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 is to be satisfied by the petitioner. Sd/- HARISANKAR V. MENON JUDGE anm 5 W.P.(C) No.16864 of 2023 2025:KER:31598 APPENDIX OF WP(C) 16864/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 11.04.2022 Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 16.03.2022 Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE LLMC DATED 06.08.2022 WITH REGARD TO PETITIONER’S PROPERTY Exhibit P4 TRUE COPY OF THE ORDER DATED 26.09.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P5 COPIES OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER