1 W.P.(C) No.27578 of 2023 2025:KER:28653 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 27578 OF 2023 PETITIONERS: 1 GEORGE PATHROSE, AGED 62 YEARS, S/O. PATHROSE, ALUKKA HOUSE, KALADY P.O., ALUVA, ERNAKULAM, PIN - 683574 2 JOHNY V.I., AGED 58 YEARS, S/O. ITTICHAN, VARAPUZHAKKARAN HOUSE, NEELESHWARAM P.O., ALUVA, ERNAKULAM, PIN - 683574 BY ADVS. SHAKTHI PRAKASH MUHASIN K.M. FARHANA K.H. AMJATHA D.A. RESPONDENTS: 1 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030 2 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, REVENUE DIVISIONAL OFFICE, K B JACOB ROAD, FORT KOCHI, ERNAKULAM, PIN - 682001 3 THE TAHSILDAR, ALUVA TALUK OFFICE, 1ST FLOOR, MINI CIVIL STATION, PERIYAR NAGAR, ALUVA, ERNAKULAM, PIN - 683101 2 W.P.(C) No.27578 of 2023 2025:KER:28653 4 THE VILLAGE OFFICER, KALADY VILLAGE OFFICE, NEAR KALADY POLICE STATION, KALADY, ERNAKULAM, PIN - 683574 5 THE AGRICULTURE OFFICER, MALAYATTOOR NEELESHWARAM KRISHI BHAVAN, KALADY, MALAYATTOOR ROAD, NEELESHWARAM, ERNAKULAM, PIN - 683574 BY ADV. SRI.T.JAYAN, GP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) No.27578 of 2023 2025:KER:28653 JUDGMENT The petitioners have filed Form 5 application under the Kerala Conservation of Paddy Land and Wetland Act, 2008, before the 2nd respondent herein, seeking removal of the property mentioned therein, from the databank. By Ext.P3, the Revenue Divisional Officer (RDO) has rejected the afore application. It is in such circumstances that the captioned writ petition is filed by the petitioners. 2. I have heard Sri.Muhasin K.M., the learned counsel for the petitioners and Sri.T.Jayan, the learned Government Pleader. 3. This Court notices that, though the petitioners have placed reliance on Ext.P4 report obtained from the Kerala State Remote Sensing and Environment Centre (KSREC), the same has not been taken into account while issuing Ext.P3 order. The afore order has been issued solely on the basis of the report from the Agricultural Officer concerned and the advice from the Local Level Monitoring Committee (LLMC). 4. In the result, I am of the opinion that the matter requires a revisit at the hands of the RDO. 4 W.P.(C) No.27578 of 2023 2025:KER:28653 5. Resultantly, Ext.P3 issued by the 2nd respondent is set aside. The 2nd respondent is directed to consider Ext.P2 application filed by the petitioners afresh on the basis of the report from the KSREC, and after affording an opportunity for hearing for the petitioners, as expeditiously as possible, at any rate, within a period of 12 weeks from today. This writ petition is disposed of as above. Sd/- HARISANKAR V. MENON JUDGE anm 5 W.P.(C) No.27578 of 2023 2025:KER:28653 APPENDIX OF WP(C) 27578/2023 PETITIONERS’ EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 05.01.2022 Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION DATED 13.04.2022 Exhibit P3 TRUE COPY OF THE ORDER DATED 11.07.2023 ISSUED BY THE 2ND RESPONDENT REJECTING THE PETITIONER’S FORM 5 APPLICATION Exhibit P4 TRUE COPY OF THE REPORT ISSUED FROM THE OFFICE OF THE DIRECTOR KSREC DATED 23.03.2023