2025:KER:23009 WP(C) NO. 35089 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 WP(C) NO. 35089 OF 2024 PETITIONER: 1 ABDUL SAMAD T.A , S/O ABDUL RAHIMAN MOULAVI, AGED 58 YEARS THURUTHIIYIL HOUSE, MALAPURAM P.O, ERNAKULAM DISTRICT, PIN - 682511 2 JASMIN SAYED T.S, AGED 54 YEARS W/O ABDUL SAMAD,THURUTHIIYIL HOUSE, MALAPURAM P.O, ERNAKULAM DISTRICT, PIN – 682511 BY ADVS. P.K.SOYUZ E.V.BABYCHAN RESPONDENTS: 1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR, RDO OFFICE, FORT KOCHI ERNAKULAM, PIN - 682001 2 THE DEPUTY COLLECTOR (D.M), ERNAKULAM CIVIL STATION, KAKKANAD P.O, ERNAKULAM DISTRICT, PIN - 682030 2025:KER:23009 WP(C) NO. 35089 OF 2024 2 3 THE LOCAL LEVEL MONITORING COMMITTEE (LLMC), ELOOR MUNICIPALITY, REPRESENTED BY ITS CONVENOR AGRICULTURAL OFFICER, KRISHI BHAVAN, ELOOR UDYOGAMANDAL P.O.,ERNAKULAM DISTRICT, PIN - 683501 4 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, ELOOR UDYOGAMANDAL P.O., ERNAKULAM DISTRICT, PIN - 683501 5 THE VILLAGE OFFICER, ELOOR VILLAGE, PARAVOOR TALUK, UDYOGAMANDAL P.O, ERNAKULAM DISTRICT, PIN - 683501 6 THE SECRETARY , ELOOR MUNICIPALITY UDYOGAMANDAL P.O., ERNAKULAM DISTRICT, PIN - 683501 BY ADV ADV K.S.ARUN KUMAR ADV PREETHA K.K., SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:23009 WP(C) NO. 35089 OF 2024 3 JUDGMENT The petitioners are aggrieved by Exts.P12 and P13 orders passed by the 1st respondent herein, by which the Form 6 applications submitted by the petitioners were rejected. The sole reason based on which the orders of rejection were passed is that, even though the properties were ordered to be removed from the Data Bank, on the basis of the recommendations of the LLMC, the said properties are not removed from the Data Bank by way of a notification. These orders are under challenge in this writ petition. 2. A memo has been submitted by the learned Government Pleader producing the copy of the communication bearing No.ELR(4)2/2025 dated 10.01.2025 issued by the Agricultural Officer to the Secretary to the Eloor Municipality forwarding the decision taken by the LLMC and requiring the Secretary to the Municipality to make necessary publication of a Corrigendum Notification of the Data Bank by removing the properties of the petitioners. 3. The learned Counsel for the petitioners placed reliance 2025:KER:23009 WP(C) NO. 35089 OF 2024 4 upon Surendran v. District Collector Palakkad [2023 KHC OnLine 9062], wherein this Court specifically observed that the application for changing the nature of land cannot be rejected due to lack of Gazette notification and necessary directions were issued in the said case, for considering the application of the petitioner therein in Form 6 on the basis of the decision taken by the LLMC to remove the property from the Data Bank. 4. After carefully going through the materials placed on the record and hearing the learned Counsels appearing on both sides, I find that the factual circumstances that exist in this case are similar to that of the decision rendered in Surendran’s case (supra). In this case also, the properties are already ordered to be removed from the Data Bank and the Secretary to the Municipality concerned was already directed by the authorities concerned to make necessary Corrigendum notifications of the Data Bank in this regard by removing the properties of the petitioners. In such circumstances, the reason mentioned in Exts.P12 and P13 namely, the lack of 2025:KER:23009 WP(C) NO. 35089 OF 2024 5 notification, cannot be treated as a justifiable ground to reject the applications submitted by the petitioners. Accordingly, this writ petition is disposed of quashing Exts.P12 and P13, with a direction to the 1st respondent or the 2nd respondent, to consider Ext.P10 and P11 applications submitted by the petitioners in Form 6 and pass orders thereon taking into account the decision of LLMC, without insisting for a notification removing the property of the petitioners from the Data Bank. Necessary orders in this regard shall be passed, within a period of two months from the date of receipt of a copy of this judgment. In the light of the communication dated 10.01.2025, produced by the Government along with a memo dated 10.01.2025, the 6th respondent, the Secretary to the Municipality, is directed to take necessary steps effect the notification as expeditiously as possible. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:23009 WP(C) NO. 35089 OF 2024 6 APPENDIX OF WP(C) 35089/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT IN T.P NO. 10690 DATED 25.04.2023 Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT IN T.P NO. 10800 DATED 25.04.2023 Exhibit P3 A TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE ELOOR MUNICIPALITY DATED 17.05.2022 Exhibit P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1 ST PETITIONER BEFORE THE 3 RD RESPONDENT LLMC DATED NIL Exhibit P5 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2 ND PETITIONER BEFORE THE 3 RD RESPONDENT LLMC DATED NIL Exhibit P6 A TRUE COPY OF THE DECISION/ORDER NO. 41 – ELR 14/2018 - 19 OF THE 3 RD RESPONDENT LLMC WITH RESPECT TO THE LAND OWNED BY THE 1 ST PETITIONER DATED NIL Exhibit P7 A TRUE COPY OF THE DECISION/ORDER NO. 42 – ELR 14/2018 - 19 OF THE 3 RD RESPONDENT LLMC WITH RESPECT TO THE LAND OWNED BY THE 2 ND PETITIONER DATED NIL Exhibit P8 A TRUE COPY OF THE MINUTES OF THE 3 RD RESPONDENT LLMC, ELOOR MUNICIPALITY DATED 24.07.2018 Exhibit P8 (a) TRUE PHOTOGRAPHS OF THE PETITIONERS 2025:KER:23009 WP(C) NO. 35089 OF 2024 7 PROPERTIES Exhibit P9 A TRUE COPY OF THE APPLICATION IN FORM NO. 6 DATED 04.07.2023 SUBMITTED/UPLOADED BY THE 1 ST PETITIONER BEFORE THE 1 ST RESPONDENT Exhibit P10 A TRUE COPY OF THE APPLICATION IN FORM NO. 6 DATED 04.07.2023 UPLOADED BY THE 2 ND PETITIONER BEFORE THE 1 ST RESPONDENT Exhibit P11 A TRUE COPY OF THE JUDGMENT IN W.PC NO. 28889 OF 2023 DATED 03.10.2023 OF THIS HON’BLE COURT Exhibit P12 A TRUE COPY OF THE ORDER PASSED IN EXT P9 APPLICATION NO. 8111/2024 DATED 27.06.2024 Exhibit P13 A TRUE COPY OF THE ORDER PASSED IN EXT P10 APPLICATION NO. 8106/2024 DATED 27.06.2024 Exhibit P14 A TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK OF ELOOR MUNICIPALITY DATED NIL Exhibit P15 A TRUE COPY OF THE CIRCULAR NO. REV – P1 / 313/2021 – REV DATED 10/12/2021 OF THE REVENUE DEPARTMENT Exhibit P16 A TRUE COPY OF THE CIRCULAR NO. NO. REV – P1 / 248/2019 – REV DATED 17.02.2020 OF THE REVENUE DEPARTMENT