NIVESH N, v. THE REVENUE DIVISIONAL OFFICER,
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE HARISANKAR V. MENON
Judgment date:
Case summary
High Court of Kerala judgment dated 2025-03-24. NIVESH N, v. THE REVENUE DIVISIONAL OFFICER,. Read the judgment and case details on LawSphereX.
Judgment text
W. P(C) No. 37883 of 2023 2025:KER:25063 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TH MONDAY, THE 24 DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 37883 OF 2023 PETITIONER: NIVESH N. , AGED 38 YEARS, S/O B. NARAYANAN, ODAVINGAL HOUSE, KUZHALMANNAM P. O. , PALAKKAD DISTRICT, PIN – 678702. BY ADVS. BINOY VASUDEVAN SREEJITH SREENATH RINCY KHADER RESPONDENTS: 1 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, VIDYUT NAGAR, PARAKUNNAM, PALAKKAD, PIN – 678001. 2 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KUZHALMANNAM, KUZHALMANNAM P. O. , PALAKKAD DISTRICT, PIN - 678702 3 THE VILLAGE OFFICER, KUZHALMANNAM-I VILLAGE, KUZHALMANNAM P. O. , PALAKKAD DISTRICT, PIN – 678702. BY SENIOR GOVERNMENT PLEADER, SRI. E. G. GORDEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24. 03. 2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P(C) No.
37883 of 2023 2025:KER:25063 JUDGMENT The petitioner sought correction in the databank with respect to certain properties owned by him in Re-survey No. 617/14 of Kuzhalmannam-I Village in Alathur Taluk by submitting an application in Form No. 5 before the 1st respondent herein, under the relevant provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. By Ext. P6, the said application is seen rejected. Though the petitioner has even thereafter filed another application with the same relief - Ext. P7, he states that the same has been rejected as informed through SMS. 2. It is in such circumstances that the captioned writ petition is filed by the petitioner herein. 3. I have heard Sri. Binoy Vasudevan, the learned counsel for the petitioner and Sri. E. G. Gorden, the learned Senior Government Pleader. 4. A perusal of Ext.
P6 would show that the report from the Kerala State Remote Sensing and Environment Centre, Thiruvananthapuram (KSREC), is not obtained though the stand W. P(C) No. 37883 of 2023 2025:KER:25063 of the petitioner was to the effect that the property in question was converted prior to 2008. 5. In such circumstances, I am of the opinion that the opinion of KSREC ought to have been obtained while passing orders on Form No. 5 application. Insofar as the opinion of KSREC is not seen obtained prior to the issue of Ext. P6, this writ petition would stand disposed of as under: st i. Ext. P6 issued by the 1 respondent herein is set aside. st ii. The 1 respondent is directed to consider Form No. 5 application at Ext. P5 afresh, after obtaining the views of KSREC, as expeditiously as possible, at any rate, within a period of four months from today. Needless to say that the petitioner to meet the required expenses for obtaining the report, etc. from KSREC. HARISANKAR V. MENON JUDGE ln W. P(C) No.
37883 of 2023 2025:KER:25063 APPENDIX OF WP(C) 37883/2023 PETITIONER’S EXHIBITS: EXHIBIT P1 TRUE COPY OF DOCUMENT NO. 1163/2017 DATED 31-08-2017 OF S. R. O. KUZHALMANNAM EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 17-06-2022 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF LOCATION SKETCH DATED 08- 03-2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF DECLARATION ISSUED BY THE 3RD RESPONDENT DATED 09-03-2023 EXHIBIT P5 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER IN FORM 5 DATED 25-10- 2019 EXHIBIT P6 TRUE COPY OF ORDER NO. J279/2020 DATED 24-09-2020 ISSUED BY THE 1ST RESPONDENT EXHIBIT P7 TRUE COPY OF THE APPLICATION IN FORM 5 DATED 25-06-2022 RESPONDENTS EXHIBITS: EXHIBIT R2(A) TRUE COPY OF THE REPORT OF THE AGRICULTURAL OFFICER DATED 30. 10. 2022
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