1 W.P.(C) No.24264 of 2023 2025:KER:31593 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. 24264 OF 2023 PETITIONER: MERCHANT ASSOCIATION, REPRESENTED BY ITS PRESIDENT, BIJU JOHN, AGED 53 YEARS, S/O. JOHN, VADACKATTUPURAM, KIDANGOOR P.O., KOTTAYAM, PIN - 686572 BY ADVS. SHAKTHI PRAKASH MUHASIN K.M. RESPONDENTS: 1 THE DISTRICT COLLECTOR COLLECTORATE, KOTTAYAM – KUMILY ROAD, KOTTAYAM, PIN - 686002 2 THE REVENUE DIVISIONAL OFFICER PALA REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION, PALA BYPASS ROAD, PALA, KOTTAYAM, PIN - 686575 3 THE TAHSILDAR MEENACHIL TALUK OFFICE, CIVIL STATION, GROUND FLOOR, PALA RAMAPURAM ROAD, PALA, KOTTAYAM, PIN - 686575 4 THE VILLAGE OFFICER KADAPLAMATTOM VILLAGE OFFICE, KADAPLAMATTOM, KOTTAYAM, PIN – 686571 5 THE AGRICULTURE OFFICER KADAPALAMATTOM KRISHI BHAVAN, KADAPLAMATTOM, KOTTAYAM, PIN - 686571 2 W.P.(C) No.24264 of 2023 2025:KER:31593 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 COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) No.24264 of 2023 2025:KER:31593 JUDGMENT The petitioner has filed the captioned writ petition seeking to challenge Ext.P2 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 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.P2 order 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. 4 W.P.(C) No.24264 of 2023 2025:KER:31593 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.24264 of 2023 2025:KER:31593 APPENDIX OF WP(C) 24264/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 23.05.2022 Exhibit P2 TRUE COPY OF THE ORDER DATED 20.05.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P3 A COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER