1 WP(C) NO. 38224 OF 2023 2025:KER:29254 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO.38224 OF 2023 PETITIONERS: P.V. SURESHKUMAR AGED 59 YEARS, S/O VELAYUDHAN NAIR, PUTHENPURACKAL HOUSE, KAROOR P.O., KOTTAYAM, PIN – 686574. BY ADV K.C.VINCENT RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, PALA, KOTTAYAM, PIN – 686575. 3 THE VILLAGE OFFICER VILLAGE OFFICE, VALLICHIRA, VALLICHIRA P.O., KOTTAYAM, PIN – 686574. 4 THE LOCAL LEVEL MONITORING COMMITTEE KAROOR GRAMA PANCHAYAT, REPRESENTED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, VALAVOOR, KOTTAYAM, PIN – 686574. 5 THE AGRICULTURAL OFFICER KRISHI BHAVAN, VALAVOOR, VALAVOOR P.O., KOTTAYAM, PIN – 686574. OTHER PRESENT: SRI T JAYAN GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 WP(C) NO. 38224 OF 2023 2025:KER:29254 JUDGMENT Petitioner is stated to be in ownership and possession of 3.54 Ares of property in Re-Survey No.480/12-1 of Vallichira Village in Meenachil Taluk, has sought for removal of the afore properties from the data bank by presenting an application in Form No.5. This Court, by Ext.P7 judgment, directed consideration of the afore application, after obtaining the required notice and also after conducting a site inspection. On the basis of the afore directions, Ext.P8 dated 21.06.2023 is issued by the Revenue Divisional Officer (RDO), rejecting the applications. It is in such circumstances that the captioned writ petition is filed by the petitioner. 2. I have heard Sri.K.C. Vincent, learned counsel for the petitioner and Sri.T.Jayan, learned Government Pleader. 3. I notice that in Ext.P2, the Village Officer has categorically reported that the property in question was partially reclaimed and also that the property was not suitable for the cultivation of paddy. There is also a further finding to 3 WP(C) NO. 38224 OF 2023 2025:KER:29254 the effect that even if the property is converted, that is not going to affect any nearby cultivation. It is again found that in fact, there are no cultivations carried out in the nearby properties. On the basis of the findings contained in Ext.P2, when Ext.P8 is analysed, this Court finds that the Revenue Divisional Officer has only reproduced the findings of the Local Level Monitoring Committee, without any independent consideration of the facts as revealed from Ext.P2. 4. This Court also notice that even as per the statement filed by the Revenue Divisional Officer, the property in question is at present grassy/fallow. The question ultimately to be looked into is as to whether the property is “suitable” for cultivation. Going by the contends of Ext.P2, as well as the averments contained in the statement referred to above, I am of the opinion that there is a categorical finding to the effect that the property in question is not suitable for paddy cultivation. When that be so, the evaluation carried out by the Revenue Divisional Officer, while issuing the order impugned, cannot be sustained. Resultantly, this writ petition 4 WP(C) NO. 38224 OF 2023 2025:KER:29254 would stand allowed by setting aside Ext.P8. There will be a direction to the 2nd respondent or the competent among the respondents to act on the basis of Form 5, presented by the petitioner and do the necessary in accordance with the findings contained in this judgment, as expeditiously as possible, at any rate within a period of 12 weeks from today. Sd/- HARISANKAR V. MENON JUDGE Skk//29.03.2025 5 WP(C) NO. 38224 OF 2023 2025:KER:29254 APPENDIX OF WP(C) NO.38224 OF 2023 PETITIONER’S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT DATED 20.08.2020 EXHIBIT P2 . A TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 13.12.2021 WITHOUT ANNEXURE EXHIBIT P3 A TRUE COPY OF THE REPORT OF THE AGRICULTURAL OFFICER DATED 03.02.2022 EXHIBIT P4 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE LLMC DATED 18.01.2022 EXHIBIT P5 A TRUE COPY OF THE REPORT DATED 27.12.2019 RECEIVED FROM KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 23.02.2022 EXHIBIT P7 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 12658 OF 2022 DATED 20.05.2022 EXHIBIT P8 A TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 21.06.2023 EXHIBIT P9 THE PHOTOGRAPHS SHOWING THE LIE AND NATURE OF THE PETITIONER’S LANDS AND NEARBY LANDS