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2025 DAILYLAW 8327 (KER)

HUSNA v. REVENUE DIVISIONAL OFFICER, KOZHIKODE

WP(C)/42074/2023 · 2025-04-02

Harisankar V Menon

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:28685 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 42074 OF 2023 PETITIONER: HUSNA, AGED 32 YEARS, D/O.AHAMED, KOLATHODI HOUSE, PERUMANNA POST, KOZHIKODE DISTRICT, PIN – 673026. BY ADV V.T.MADHAVANUNNI RESPONDENTS: 1 REVENUE DIVISIONAL OFFICER, KOZHIKODE CIVIL STATION, KOZHIKODE, PIN – 673020. OTHER PRESENT: SRI T JAYAN GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.42074 of 2023 2 2025:KER:28685 JUDGMENT The petitioner has filed the captioned writ petition pointing out that an application in Form No.5 filed before the RDO is rejected by Ext.P2, without proper consideration. 2. I notice that the order at Ext.P2 has been issued without obtaining a report from the KSREC. Insofar as, for a proper consideration of the application filed by the petitioner, the report of the KSREC ought to have been obtained, I am of the opinion that, the order at Ext.P2 requires to be set aside. 3. Resultantly, this writ petition would stand allowed by setting aside Ext.P2 and directing a fresh consideration after obtaining an appropriate report from the KSREC, as expeditiously as possible, at any rate, within a period of twelve weeks from today. Needless to say that the petitioner is to remit the fee payable for obtaining the KSREC report. Sd/- HARISANKAR V. MENON JUDGE ANA W.P.(C)No.42074 of 2023 3 2025:KER:28685 APPENDIX OF WP(C) 42074/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PAGE NO.6 OF THE DATA BANK OF PERUMANNA GRAMA PANCHAYAT/VILLAGE DATED NIL. Exhibit P2 TRUE COPY OF THE ORDER OF REJECTION OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 03.01.2023. Exhibit P3 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECRETARY, PERUMANNA GRAMA PANCHAYAT TO THE PETITIONER DATED 23.09.2019. Exhibit P4 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PERUMANNA TO THE PETITIONER DATED 17.07.2019. Exhibit P5 TRUE COPY OF THE ORDER OF THE RESPONDENT IN FAVOUR OF NUSAIBA DATED 08.01.2023. Exhibit P6 TRUE COPY OF THE BUILDING PERMIT OF SUHARABI DATED 20.11.2014. Exhibit P7 TRUE COPY OF THE BUILDING PERMIT OF MOIDEEN DATED 19.11.2013. Exhibit P8 TRUE COPY OF THE BUILDING PERMIT OF ANSAS.M.P. DATED 08.07.2013. Exhibit P9 TRUE COPY OF THE BUILDING PERMIT OF KUNHOTHIN.P.V. DATED 28.03.2011.