1 W.P.(C) No.38453 of 2023 2025:KER:29201 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. 38453 OF 2023 PETITIONERS: 1 ARUNKUMAR, AGED 36 YEARS, S/O. ASHOKAN, POTHANCHERY, PALITHUMBAPARAMBA, BEYPORE P.O., KOZHIKODE, PIN - 673015 2 AJITHKUMAR, AGED 34 YEARS, S/O.ASHOKAN, POTHANCHERY, PALITHUMBAPARAMBA, BEYPORE P.O., KOZHIKODE, PIN - 673015 BY ADVS. SHAKTHI PRAKASH MUHASIN K.M. AMJATHA D.A. FARHANA K.H. RESPONDENTS: 1 THE DISTRICT COLLECTOR, CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN - 673020 2 THE REVENUE DIVISIONAL OFFICER, KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN - 673020 3 THE TAHSILDAR, KOZHIKODE TALUK OFFICE, CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN - 673020 2 W.P.(C) No.38453 of 2023 2025:KER:29201 4 THE VILLAGE OFFICER, CHERUVANNUR VILLAGE OFFICE, KOLATHARA, CHERUVANNUR, KOZHIKODE, PIN - 673655 5 THE AGRICULTURE OFFICER, CHERUVANNUR NALLALAM KRISHI BHAVAN, CHERUVANNUR, KOZHIKODE, PIN - 673655 6 THE DIRECTOR, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 BY ADV. SRI.E.G.GORDEN, SR.GP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) No.38453 of 2023 2025:KER:29201 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.E.G.Gorden, the learned Senior Government Pleader. 3. This Court notices that the impugned order at Ext.P3 has been issued solely relying on a report from the Agricultural Officer concerned. Insofar as the prayer of the petitioners is with respect to a property, which has been allegedly converted prior to 2008, the Revenue Divisional Officer ought to have obtained a report of the Kerala State Remote Sensing and Environment Centre (KSREC) prior to disposal of the application filed by the petitioners. 4 W.P.(C) No.38453 of 2023 2025:KER:29201 4. In the result, I am of the opinion that the matter requires a revisit at the hands of the RDO. 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, after obtaining 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. 6. Needless to say that the fee for obtaining the report of the KSREC is to be satisfied by the petitioners. This writ petition is disposed of as above. Sd/- HARISANKAR V. MENON JUDGE anm 5 W.P.(C) No.38453 of 2023 2025:KER:29201 APPENDIX OF WP(C) 38453/2023 PETITIONERS’ EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 06.03.2021 Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 05.11.2021 Exhibit P3 TRUE COPY OF THE ORDER DATED 06.07.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P4 A COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER