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2025 DAILYLAW 8309 (KER)

GEORGE PANAMKUZHA v. THE DISTRICT COLLECTOR

WP(C)/40828/2023 · 2025-03-28

Harisankar V Menon

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 WP(C) NO.40828 OF 2023 2025:KER:26912 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.40828 OF 2023 PETITIONER: GEORGE PANAMKUZHA AGED 32 YEARS, S/O. JOSEPH FRANCIS XAVIER, PANAMKUZHAKKAL HOUSE, KOOTHATTUKULAM P.O., PALAKKUZHA, ERNAKULAM, PIN – 686662. BY ADVS. SHAKTHI PRAKASH MUHASIN K.M. AMJATHA D.A. FARHANA K.H. RESPONDENT/S: 1 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030 2 THE REVENUE DIVISIONAL OFFICER MUVATTUPUZHA REVENUE DIVISIONAL OFFICE, GROUND FLOOR, MINI CIVIL STATION, PATTIMATTOM – MUVATTUPUZHA ROAD, MUVATTUPUZHA, ERNAKULAM, PIN - 686673 3 THE TAHSILDAR MUVATTUPUZHA TALUK OFFICE, 1ST FLOOR, MINI CIVIL STATION, PATTIMATTOM – MUVATTUPUZHA ROAD, MUVATTUPUZHA, ERNAKULAM, PIN - 686673 4 THE VILLAGE OFFICER KOOTHATTUKULAM VILLAGE OFFICE, KOOTHATTUKULAM, ERNAKULAM, PIN - 686662 5 THE AGRICULTURE OFFICER KOOTHATTUKULAM KRISHI BHAVAN, KOOTHATTUKULAM – PIRAVOM ROAD, KOOTHATTUKULAM, ERNAKULAM, PIN – 686662 2 WP(C) NO.40828 OF 2023 2025:KER:26912 6 THE DIRECTOR KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 WP(C) NO.40828 OF 2023 2025:KER:26912 JUDGMENT Petitioner has filed the captioned writ petition seeking to challenge Ext.P3 order issued by the 2nd respondent, upon Ext.P2 application for removing the petitioner’s property from the data bank. 2. I have heard Sri.Shakthi Prakash, learned counsel for the petitioner, and Sri.T.Jayan, learned Government Pleader. 3. This Court notices that the impugned order is one passed without obtaining the report of the Kerala State Remote Sensing and Environment Centre (KSREC) when the prayer made by the petitioner was with reference to the removal of the property from the data bank. In such circumstances, I am of the opinion that the matter requires a revisit at the hands of the 2nd respondent. Therefore, this writ petition would stand allowed, by setting aside Ext.P3 and directing the 2nd respondent to consider and pass orders on the application filed by the 4 WP(C) NO.40828 OF 2023 2025:KER:26912 petitioner afresh, after obtaining the report from the KSREC, as regards the property in question, as expeditiously as possible, at any rate within a period of 12 weeks from today. The petitioner is to remit the required expenses for obtaining the report from KSREC, as above. Sd/- HARISANKAR V. MENON JUDGE Skk//28.03.2025 5 WP(C) NO.40828 OF 2023 2025:KER:26912 APPENDIX OF WP(C) NO.40828 OF 2023 PETITIONER’S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 10.08.2021 EXHIBIT P2 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 04.05.2022 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 15.03.2023 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER WITH VEGETATION EXHIBIT P5 COPY OF THE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONER AFTER CLEARING VEGETATION