1 W.P.(C) No.40872 of 2023 2025:KER:27745 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 40872 OF 2023 PETITIONER: ANOOP AGED 43 YEARS, S/O. VASUDEVAN ARANGOTT HOUSE, MANKADA, CHERIYAM P.O., MALAPPURAM DISTRICT, PIN - 679324 BY ADV. SRI.U.K.DEVIDAS RESPONDENTS: 1 REVENUE DIVISIONAL OFFICER R.D.O. OFFICE, PATTAMBI ROAD, PERINTHALMANNA P.O., MALAPPURAM DISTRICT, PIN - 679322 2 AGRICULTURAL OFFICER KRISHI BHAVAN, ANGADIPPURAM, MALAPPURAM DISTRICT, PIN - 679324 BY ADV. SRI.T.JAYAN, GP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 W.P.(C) No.40872 of 2023 2025:KER:27745 JUDGMENT The petitioner has filed the captioned writ petition, seeking to challenge the rejection of the Form-5 application filed by the petitioner, seeking to remove the property from the data bank pursuant to Ext.P4 order issued by the 1st respondent. 2. I have heard the learned counsel for the petitioner and Sri.T.Jayan, the learned Government Pleader. 3. The petitioner has filed the application under the provisions of the statute with reference to the property in question, contending that the property cannot be considered to be one covered by the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. When such an application is filed, the respondents ought to have obtained the report of the Kerala State Remote Sensing and Environment Centre (KSREC), while considering the prayers made by the petitioner. In the case at hand, the report of the KSREC is not seen obtained while issuing the impugned order. Resultantly, I allow this writ petition, setting aside Ext.P4 order issued by the 1st respondent herein. There will be a 3 W.P.(C) No.40872 of 2023 2025:KER:27745 direction to the 1st respondent herein to reconsider the application filed by the petitioner, after obtaining the report of the KSREC, within a period of 12 weeks from today. Needless to say that the petitioner is to remit the required fee for obtaining the report of the KSREC. Sd/- HARISANKAR V. MENON JUDGE anm 4 W.P.(C) No.40872 of 2023 2025:KER:27745 APPENDIX OF WP(C) 40872/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE ASSIGNMENT DEED NO.46/2022 OF S.R.O., PERINTHALMANNA DATED 31.12.2022 Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATABANK OF THE PROPERTY OF THE PETITIONER Exhibit P3 TRUE COPY OF THE APPLICATION DATED 17.02.2023 IN FORM NO.5 UNDER KERALA CONSERVATION OF PADDYLAND AND WET LAND ACT, 2008 SUBMITTED BY THE PETITIONER Exhibit P4 TRUE COPY OF THE ORDER DATED 10.04.2023 PASSED BY THE FIRST RESPONDENT Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 08.11.2021 IN W.P.(C) NO.8572/2021 BY THE HON’BLE COURT Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 20.02.2023 IN W.P.(C) NO.20933/2022 BY THE HON’BLE COURT