2025:KER:26116 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 41245 OF 2016 PETITIONER: WATER BAY PROPERTIES REGISTERED OFFICE AT ROOM NO.203, SULTHAN CHAMBERS, PARAMARA ROAD, ERNAKULAM, REPRESENTED BY ITS DIRECTOR, K.V.ABRAHAM, S/O.VARGHESE, AGED 47 YEARS. BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS: 1 THE REVENUE DIVISIONAL OFFICER (R.D.O) FORTKOCHI, ERNAKULAM DISTRICT-682 001. 2 THE DISTRICT COLLECTOR ERNAKULAM DISTRICT -682 030. 3 THE LOCAL LEVEL MONITORING COMMITTEE MARADU GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, MARADU, ERNAKULAM DISTRICT-682 001. 4 THE DISTRICT LEVEL AUTHORIZED COMMITTEE ERNAKULAM DISTRICT, REPRESENTED BY ITS CHAIRMAN, REVENUE DIVISIONAL OFFICER (RDO), FORTKOCHI, ERNAKULAM DISTRICT -682001. 5 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, WP(C)Nos.41245 & 41281 of 2016 2025:KER:26116 2 INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001. 6 THE VILLAGE OFFICER MARADU VILLAGE ERNAKULAM DISTRICT -682 040. SMT.RASHMI.K.M,SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025, ALONG WITH WP(C).41281/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)Nos.41245 & 41281 of 2016 2025:KER:26116 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 41281 OF 2016 PETITIONER: MATHEWS GEORGE S/O.K.C. GEORGE, AGED 70 YEARS, THIRUVALLA KALAYIL BENGLOW, PERUNTHURUTHY P.O., KAVUMBAGAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV SRI.JITHIN VARGHESE RESPONDENTS: 1 THE REVENUE DIVISIONAL OFFICER (R.D.O), THIRUVALLA PATHANAMTHITTA DISTRICT-678 510. 2 THE DISTRICT COLLECTOR PATHANAMTHITTA - 678 510. 3 THE LOCAL LEVEL MONITORING COMMITTEE PERINGARA GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, PERINGARA, PATHANAMTHITTA-678 510. 4 THE DISTRICT LEVEL AUTHORISED COMMITTEE PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS CHAIRMAN, REVENUE DIVISIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA-678 510. 5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT, WP(C)Nos.41245 & 41281 of 2016 2025:KER:26116 4 THIRUVANANTHAPURAM-695001. 6 THE VILLAGE OFFICER KAVUMBAGAM VILLAGE, PATHANAMTHITTA DISTRICT- 678510. BY ADV RASHMI K.M, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025, ALONG WITH WP(C).41245/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)Nos.41245 & 41281 of 2016 2025:KER:26116 5 J U D G M E N T (Dated this the 26th day of March, 2025) Both these writ petitions are preferred being aggrieved by the inclusion of the petitioners’ property in Data Bank and the non acceptance of their application for changing the tenure of land. 2. When the matter was considered by this Court on 12.01.2017, an order has been passed by this Court directing the Agricultural Officer to obtain a report from the KSREC. For that purpose, the petitioners are also directed to remit necessary fees and further directed that, on obtaining the report from the KSREC, the Agricultural Officer shall conduct a physical inspection of the property and submit a report before this Court. But, no such steps have been taken by the Agricultural Officer in the light of said direction. Eventhough it is not complied till date, no punitive measures were taken considering that the petitioner has not bought the same before the notice of this Court. However, the Agricultural Officer has to take further steps with respect to the directions in the order dated 12.01.2017. WP(C)Nos.41245 & 41281 of 2016 2025:KER:26116 6 3.Under such circumstances, the petitioner shall also prefer appropriate application before the Authorized Officer to remove the property from the data bank in light of the report obtained, as directed on 12.01.2017 and after examining the report produced by the Agricultural Officer. The entire exercise shall be completed within a period of six months from the date of receipt of a certified copy of this judgment. Accordingly, both these writ petitions are disposed of. Sd/- P.M MANOJ JUDGE AKH WP(C)Nos.41245 & 41281 of 2016 2025:KER:26116 7 APPENDIX OF WP(C) 41281/2016 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 15/06/2016 ISSUED BY THE 6TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT DATA BANK OF PROPERTY OF THE PETITIONER ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED 25/05/2010 ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, PERINGARA EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 01/11/2016 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT UNDER THE PROVISIONS OF THE KLU ORDER, 1967. WP(C)Nos.41245 & 41281 of 2016 2025:KER:26116 8 APPENDIX OF WP(C) 41245/2016 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 24.6.2016 ISSUED BY THE SIXTH RESPONDENT EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF DRAFT DATA BANK OF PROPERTY OF PETTIONER ISSUED BY THE AGRICULTURAL OFFICER, MARADU TO THE PETITIONER. EXHIBIT P3 TRUE PHOTOGRAPHS OF THE PROPERTY OF PETITIONER EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 5.10.2016 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT UNDER THE PROVISIONS OF THE KERALA LAND UTILIZATION ORDER, 1967.