2025:KER:25108 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 40106 OF 2023 PETITIONER: A.ABDUL KAREEM, AGED 46 YEARS, S/O.VEERANKUTTY, RESIDING AT PULIYAKKAD HOUSE, K.V.KAVE PO, PULIKKAL VIA, MALAPPURAM DISTRICT, PIN - 673637 BY ADVS. K.MOHANAKANNAN THUSHARA D.S. RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 THE COMMISSIONER OF LAND REVENUE, OFFICE OF THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM ROAD, OPPOSITE ZOO, VIKHAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN – 695033. 3 THE DISTRICT COLLECTOR, COLLECTORATE MALAPPURAM, CONFERENCE HALL, COLLECTORATE ROAD, UP HILL, MALAPPURAM DISTRICT, PIN – 676505. 4 THE SUB COLLECTOR, OFFICE OF SUB COLLECTOR, MINI CIVIL STATION, W.P.(C)No.40106 of 2023 2 2025:KER:25108 PERINTALMANNA, MALAPPURAM, PIN – 679322. 5 THE TAHSILDAR, KONDOTTY TALUK OFFICE, KONDOTTY, MALAPPURAM DISTRICT, PIN – 673638. 6 THE VILLAGE OFFICER, VAZHAYUR VILLAGE OFFICE, VAZHAYUR, MALAPPURAM, PIN – 673633. 7 LOCAL LEVEL MONITORING COMMITTEE, VAZHAYUR, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, VAZHAYUR, MALAPPURAM, PIN - 673633 8 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, VAZHAYUR, MALAPPURAM, PIN – 673633. OTHER PRESENT: SRI JAYAN GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.40106 of 2023 3 2025:KER:25108 JUDGMENT The petitioner, stated to be in enjoyment and possession of 0.1223 Hectares of land in Re-Survey No.109/19-2 of Block No.5 of Vazhayur Village, Kondotty Taluk sought for change in description of the properties by presenting an application in Form No.6 before the 4th respondent herein under the provisions of the Kerala Conservation of Paddy and Wetland Act and by Ext.P5, the 4th respondent has rejected the afore application after finding that the property referred to above is not finding a place in the data bank whereas the property in Survey No.109/18 is finding a place in the data bank. Reference to some stop memo issued to the predecessor-in-interest is also made in Ext.P5. Though an appeal is preferred, the Appellate Authority by Ext.P9 has rejected the appeal. It is in such circumstances, petitioner has filed the captioned writ petition seeking to challenge Ext.P9 Appellate Order as well as Ext.P5 order issued by the 4th respondent. W.P.(C)No.40106 of 2023 4 2025:KER:25108 2. I have heard Sri.K.Mohanakannan, the learned counsel for the petitioner and Sri.T.Jayan, the learned Government Pleader. 3. This Court notices that the petitioner has categorically placed reliance of the contents of Ext.P8 report of KSREC as per which, the property covered in Survey No.109/19, was a paddy land in 1969 and later during 2008, a property is observed under mixed vegetation/plantation/trees. The consideration made in Ext.P5 as well as Ext.P9 is not with reference to the contents of Ext.P8. True, in Ext.P9, the petitioner has relied upon Ext.P8 as seen recorded in the orders issued by the Collector. However, there is no specific consideration with respect to the contentions raised by the petitioner on the basis of Ext.P8. 4. In such circumstances, I am of the opinion that the matter requires a re-visit at the hands of the 4th respondent herein. So as to facilitate the afore, Ext.P5 issued by the 4th respondent and Ext.P9 issued by the 3rd respondent was set aside. W.P.(C)No.40106 of 2023 5 2025:KER:25108 The 4th respondent is directed to consider the Form No. 6 application filed by the petitioner with specific reference to Ext.P8 and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, within a period of twelve weeks. Sd/- HARISANKAR V. MENON JUDGE ANA W.P.(C)No.40106 of 2023 6 2025:KER:25108 APPENDIX OF WP(C) 40106/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DOCUMENT NO. 4922/21 OF SRO, KONDOTTY DATED 16/12/2021 Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PROPERTY DATED 05/04/2022 Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT IN RESPECT OF THE PROPERTY DATED 10/07/2023 Exhibit P4 TRUE COPY OF THE CERTIFICATE, NO. KBVZR.02(02)-28/21-22 ISSUED BY THE AGRICULTURAL OFFICER DATED 31/01/2022 Exhibit P5 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE SUB COLLECTOR DATED 07/07/2022 Exhibit P6 TRUE COPY OF THE HEARING NOTE SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR DATED 19/04/2023 Exhibit P7 TRUE COPY OF THE COMMUNICATION, NO. KBVZR 02/2023-24 SENT BY THE AGRICULTURAL OFFICER TO THE PETITIONER DATED 30/06/2023 Exhibit P8 TRUE COPY OF THE KSREC REPORT, NO. A- 172/2015/KSREC/005782/23 DATED 21/09/2023 OBTAINED BY THE PETITIONER Exhibit P9 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT, NO. DCMPM/10822/2022-B5 DATED 09/11/2023 Exhibit P10 THE PHOTOGRAPH OF THE SITE