2025:KER:27273 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 40747 OF 2023 PETITIONER: NOUSHAD, AGED 49 YEARS, S/O. POKER, THAYIL HOUSE, NENMENI, WAYANAD, PIN – 673599. BY ADVS. FARHANA K.H. AMJATHA D.A. MUHASIN K.M. RESPONDENTS: 1 THE DISTRICT COLLECTOR, COLLECTORATE, NORTH KALPETTA P.O., WAYANAD, PIN – 673020. 2 THE REVENUE DIVISIONAL OFFICER, MANANTHAVADY REVENUE DIVISIONAL OFFICE, GANDI PARK, MANANTHAVADY, WAYANAD, PIN – 670645. 3 THE TAHSILDAR, VYTHIRI TALUK OFFICE, KUNNATHIDAVAKA, VYTHIRI WAYANAD, PIN – 673576. 4 THE VILLAGE OFFICER, MUTTIL SOUTH VILLAGE OFFICE, MUTTIL P.O., WAYANAD, PIN – 673122. 5 THE AGRICULTURE OFFICER, MUTTIL KRISHI BHAVAN, MUTTIL SOUTH, MUTTIL,WAYANAD, PIN – 673122. W.P.(C)No.40747 of 2023 2 2025:KER:27273 6 THE DIRECTOR, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN – 695033. OTHER PRESENT: SRI E G GORDEN SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.40747 of 2023 3 2025:KER:27273 JUDGMENT The petitioner has filed the captioned writ petition seeking to challenge the rejection of the Form No.5 application filed by the petitioner, pointing out that the property mentioned therein is one which has been converted earlier to 2008. 2. I have heard Sri.Muhsin K.N., the learned counsel for the petitioner as well as Sri.E.G.Gorden, the learned Government Pleader. 3. This Court notices that the application in Form No.5 filed by the petitioner is seen rejected by the 2 nd respondent herein without obtaining the report of KSREC. Insofar as the application filed was with reference to a property, which is stated to have been converted earlier to 2008, the 2nd respondent was obligated to obtain the report of the KSREC before disposal of the application. Insofar as the report of the KSREC is not obtained as above, I am of the opinion that the matter requires a revisit at the hands of the 2nd respondent. W.P.(C)No.40747 of 2023 4 2025:KER:27273 Resultantly, this writ petition would stand allowed by setting aside Ext.P2 order issued by the 2nd respondent and directing the 2nd respondent herein to reconsider the application filed by the petitioner after obtaining the report from the 6th respondent – KSREC, as expeditiously as possible, at any rate, within a period of twelve weeks from today. Needless to say that the petitioner is to satisfy the required fee for obtaining a report from KSREC. Sd/- HARISANKAR V. MENON JUDGE ANA W.P.(C)No.40747 of 2023 5 2025:KER:27273 APPENDIX OF WP(C) 40747/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 20.07.2023 Exhibit P2 TRUE COPY OF THE ORDER DATED 30.11.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P3 A COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER