1 WP(C) NO.43290 OF 2023 2025:KER:29072 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO.43290 OF 2023 PETITIONER: NALINI. K., AGED 71 YEARS, D/O. KANNAN, THAYYIL KULANGARA, KADIRUR, P.O. PONNIOM EAST, THALASSERY, KANNUR, PIN - 670641 BY ADVS. T.T.MUHAMOOD A.RENJIT NAZEER HUZAIN.H GOKUL R.NAIR NIKHILA.P RIYA MERIN BENCYKUTTY RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 DISTRICT COLLECTOR, CIVIL STATION, KANNUR, PIN – 670002. 3 REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, THALASSERY, KANNUR, PIN – 670101. 4 VILLAGE OFFICER, KADIRUR VILLAGE, KADIRUR, THALASSERY, KANNUR, PIN – 670642. 5 LOCAL LEVEL MONITORING COMMITTEE, KADIRUR GRAMA PANCHAYATH REP. BY AGRICULTURE OFFICER, KRISHI BHAVAN, KADIRUR, THALASSERY, KANNUR, PIN – 670642. SRI T JAYAN GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 WP(C) NO.43290 OF 2023 2025:KER:29072 JUDGMENT Petitioner is stated to be in ownership and occupation of an extent of 8.70 Ares in survey No.147/120 of Kadirur Village, Thalassery Taluk. An application in Form No.5, filed by him for removing the property, which was included in the data bank came to be allowed as seen from Ext.P1 dated 27.07.2022. On the basis of the findings in Exts.P1, the petitioner has submitted an application for changing the nature of the property, which is seen disposed of as per Ext.P2 dated 01.07.2023, refusing the application, essentially on the allegation that the neighbouring properties are lying low. It is in such circumstances that the petitioner has filed the captioned writ petition challenging Ext.P2. 2. I have heard Sri.T.T. Muhamood, learned counsel for the petitioner and Sri.T.Jayan, learned Government Pleader. 3. The sustainability or otherwise of the findings contained in Ext.P2 is the short issue arising for consideration 3 WP(C) NO.43290 OF 2023 2025:KER:29072 in this writ petition. 4. A perusal of Ext.P1 would show that the same has been issued after obtaining the required report from the authorities concerned, as per which the property was a converted land with Teak, Mahagony woods and Coconut trees, also seen recorded. It is on the basis of the afore that positive orders have been issued at Ext.P1, directing the property in question to be removed from the data bank. It was in the light of the afore findings the order at Ext.P2 requires to be noticed. A reading of Ext.P2 would show that the District Collector has admitted the contents of Ext.P1 and at the same time made reference to the lie and nature of the neighbouring property. In my opinion, the consideration while dealing with an application in Form No.6, ought to be with reference to the findings rendered in Ext.P1, wherein the fact that the property is not to be included in the data bank on account of the conversion years back (prior to 2008) had been admitted. When that be so, I am of the opinion that the findings in Ext.P2 cannot be sustained. 4 WP(C) NO.43290 OF 2023 2025:KER:29072 Resultantly, I allow this writ petition by setting aside Ext.P2 and directing the 2nd respondent-District Collector to pass orders on Form 6 application by acting on the basis of the prayers contained in this writ petition and ordering the change in the nature of the property, as prayed for by the petitioner with specific reference to the findings contained in Ext.P1. The orders should be issued by the District Collector, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a certified copy of this judgment. Sd/- HARISANKAR V. MENON JUDGE Skk//30.03.2025 5 WP(C) NO.43290 OF 2023 2025:KER:29072 APPENDIX OF WP(C) NO.43290 OF 2023 PETITIONER’S EXHIBITS: EXHIBIT P1 TRUE COPY OF ORDER NO. RDOTLY/1612/2022-K1 K.DIS. DATED 27.07.2022 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF ORDER NO. 1806/2023 DATED 01.07.2023 ISSUED BY THE 3RD RESPONDENT