1 W.P.(C) No.39327 of 2023 2025:KER:28617 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. 39327 OF 2023 PETITIONER: KOUSU T., AGED 78 YEARS, W/O. SADASIVAN, THACHAMBALATH, PANTHEERANKAVU, KOZHIKODE, PIN - 673019 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 4 THE VILLAGE OFFICER, PANTHEERANKAVU VILLAGE OFFICE, PANTHEERANKAVU P.O., KOZHIKODE, PIN - 673019 2 W.P.(C) No.39327 of 2023 2025:KER:28617 5 THE AGRICULTURE OFFICER, OLAVANNA KRISHI BHAVAN, GURUVAYUR APPAN COLLEGE, OLAVANNA, KOZHIKODE, PIN - 673014 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 ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) No.39327 of 2023 2025:KER:28617 JUDGMENT The petitioner has filed an application in Form 5 of 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 petitioner. 2. I have heard Sri.Muhasin K.M., the learned counsel for the petitioner 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 Village Officer concerned. Insofar as the prayer of the petitioner 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 petitioner. 4. In the result, I am of the opinion that the matter requires a revisit at the hands of the RDO. 4 W.P.(C) No.39327 of 2023 2025:KER:28617 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 petitioner afresh, after obtaining the report from the KSREC, and after affording an opportunity for hearing for the petitioner, 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 petitioner. This writ petition is disposed of as above. Sd/- HARISANKAR V. MENON JUDGE anm 5 W.P.(C) No.39327 of 2023 2025:KER:28617 APPENDIX OF WP(C) 39327/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 12.07.2023 Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION DATED 03.08.2022 Exhibit P3 TRUE COPY OF THE ORDER DATED 14.08.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P4 COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER