1 W.P.(C) No.37647 of 2023 2025:KER:28590 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. 37647 OF 2023 PETITIONERS: 1 DHANYA VARGHESE, AGED 39 YEARS, W/O. P.A. VAJEEDRAN, PATHICKAL HOUSE, KANNADY, PALAKKAD, PIN - 678901 2 DHANOOP VARGHESE, AGED 42 YEARS, S/O. A.I VARGHESE, ALUCKAL HOUSE, MEKKAD P.O, ANGAMALY, ERNAKULAM, PIN - 683589 BY ADVS. ANOOP V.NAIR TANOOSHA PAUL ROHITH C. AVANTHIKA R. RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030 3 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001 2 W.P.(C) No.37647 of 2023 2025:KER:28590 4 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, NEDUMBASSERY, ERNAKULAM DISTRICT, PIN - 683589 5 THE VILLAGE OFFICER, NEDUMBASSERY VILLAGE, MEKKAD, NEDUMBASSERY, ANGAMALY, ERNAKULAM DISTRICT, PIN - 683589 6 THE THAHSILDHAR (LR), OFFICE OF THE THASILDHAR, NEDUMBASSERY, ERNAKULAM DISTRICT, PIN - 683589 7 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CHAIRMAN, NEDUMBASSERY PANCHAYAT, MEKKAD, ANGAMALY, ERNAKULAM DISTRICT, PIN - 683589 BY ADV. SRI.E.G.GORDEN, SR.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.37647 of 2023 2025:KER:28590 JUDGMENT The petitioners herein have filed separate applications with respect to the property in Re-Sy. Nos.253/17 and 253/19 of Nedumbassery Village, seeking to remove them from the databank. By Exts.P7 and P8 orders, these applications have been rejected by the 3rd respondent herein. It is in such circumstances that the captioned writ petition is filed by the petitioner. 2. I have heard Smt.Tanoosha Paul, representing Sri.Anoop V.Nair, the learned counsel for the petitioners and Sri.E.G.Gorden, the learned Senior Government Pleader. 3. This Court notices that the petitioners were essentially relying on Ext.P2 draft data bank wherein there is a finding to the effect that the properties in question were converted prior to 2008 (during 2005). Similarly, in Exts.P7 and P8 orders, though the report of the Kerala State Remote Sensing and Environment Centre (KSREC) is referred to, there is no proper consideration of the findings contained therein, especially in the light of the entries in the draft databank. The 4 W.P.(C) No.37647 of 2023 2025:KER:28590 3rd respondent herein has issued the impugned orders solely on account of the report of the Village Officer concerned. In the result, I am of the opinion that the matter requires a reconsideration at the hands of the 3rd respondent herein. Therefore, this writ petition would stand allowed, by setting aside Exts.P7 and P8 and directing the 3rd respondent to pass fresh orders in the applications filed by the petitioners herein as above, after hearing them also, within a period of 12 weeks from today. Sd/- HARISANKAR V. MENON JUDGE anm 5 W.P.(C) No.37647 of 2023 2025:KER:28590 APPENDIX OF WP(C) 37647/2023 PETITIONERS’ EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT BEARING NO. KL07041704144/2023 DATED 02.05.2023 IN RESPECT OF THE PROPERTY OF THE 1ST PETITIONER Exhibit P1(a) TRUE COPY OF THE TAX RECEIPT BEARING NO KL0741702284/2023 DATED 27.03.2023, IN RESPECT OF THE PROPERTY OF THE 2ND PETITIONER Exhibit P2 RUE COPY OF THE RELEVANT PAGES OF THE DRAFT DATA BANK IN RESPECT OF THE PROPERTY OF THE PETITIONERS Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT, DATED 26.10.2022 Exhibit P4 RUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT, DATED 26.10.2022 Exhibit P5 TRUE COPY OF THE REPORT OF THE KSREC ISSUED TO THE 1ST PETITIONER FROM THE LLMC, IN RESPECT OF THE PROPERTY OF THE 1ST PETITIONER, DATED 25.04.2023 Exhibit P6 TRUE COPY OF THE REPORT OF THE KSREC ISSUED TO THE 2ND PETITIONER, IN RESPECT OF THE PROPERTY OF THE 2ND PETITIONER, DATED 25.04.2023 Exhibit P7 TRUE COPY OF THE ORDER NO. RDOCHN/ 4416/2023-K7 ISSUED BY THE 3RD RESPONDENT REJECTING THE FORM – 5 APPLICATION OF THE 1ST PETITIONER DATED 30.10.2023 6 W.P.(C) No.37647 of 2023 2025:KER:28590 Exhibit P8 TRUE COPY OF THE ORDER NO.RDOCHN/ 4413/2023-K7 ISSUED BY THE 3RD RESPONDENT REJECTING THE FORM – 5 APPLICATION OF THE 2ND PETITIONER DATED 02.11.2023 Exhibit P9 TRUE COPY OF THE SATELLITE IMAGE OF THE PETITIONER’S PROPERTY IN SURVEY NO’S 253/17 AND 253/19 OF NEDUMBASSERY VILLAGE OF ALUVA TALUK