UNNIKRISHNAN, 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 2025-03-27. UNNIKRISHNAN, v. THE REVENUE DIVISIONAL OFFICER,. Read the judgment and case details on LawSphereX.
Judgment text
W. P. (C) No. 11982 of 2023 2025:KER:26397 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TH THURSDAY, THE 27 DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 11982 OF 2023 PETITIONER: UNNIKRISHNAN, S/O. VASU, KIZHAKKE HOUSE, CADATE AVENUE, AMBATTUPALAYAM, CHITTUR COLLEGE POST, PALAKKAD DISTRICT, PIN - 678104 BY ADVS. G. HARIHARAN PRAVEEN. H. K. S. SMITHA V. R. SANJEEV KUMAR GENTLE C. D. BIJOY SAM GEORGE RESPONDENTS: 1 THE REVENUE DIVISIONAL OFFICER, V. H. ROAD, PALAKKAD, PIN - 678001 2 VILLAGE OFFICER, POLPULLY VILLAGE, POLPULLY, PALAKAKD DISTRICT, PIN - 678552 3 AGRICULTURAL OFFICER, KRISHI BHAVAN, POLPULLY GRAMAPANCHAYATH, POLPULLY, PALAKKAD DISTRICT, PIN - 678552 4 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, 1ST FLOOR, NEAR LEGISLATIVE ASSEMBLY, VIKAS BHAVAN, UNIVERSITY OF KERALA SENATE W. P. (C) No.
11982 of 2023 2025:KER:26397 HOUSE CAMPUS, PMG, THIRUVANANTHAPURAM, PIN – 695033, [REPRESENTED BY ITS DIRECTOR] 5 THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD, PIN - 678001 BY ADV. SRI. T. JAYAN, GP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27. 03. 2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C) No. 11982 of 2023 2025:KER:26397 JUDGMENT The petitioner submitted Ext. P3 application in Form 6 before st st the 1 respondent, which was rejected by the 1 respondent herein, as seen from Ext. P5. A further appeal is filed by the th petitioner, and by Ext. P9, the 5 respondent has confirmed the order at Ext. P5. 2. Heard Sri. G. Hariharan, the learned counsel for the petitioner and Sri. T. Jayan, the learned Government Pleader. 3. This Court notices that the prayer made by the petitioner was with reference to his properties, the nature of which required to be changed by him. A perusal of the impugned orders – Exts.
P5 and P9, would show that the authorities have passed those orders without obtaining the report of the Kerala State th Remote Sensing and Environment Centre (KSREC) – the 4 respondent herein. 4. Insofar as the report of KSREC would conclude the th issue, the petitioner was justified in seeking the report of the 4 respondent prior to consideration of the Form 6 application at Ext. P3. Insofar as the report is not so obtained, I am of the opinion that the petitioner’s application at Ext. P3 requires to be W. P. (C) No. 11982 of 2023 2025:KER:26397 reconsidered and fresh orders issued. Resultantly, this writ petition would stand disposed of as under; st i) Ext. P5 issued by the 1 respondent and Ext. P9 th issued by the 5 respondent would stand set aside. st ii) The 1 respondent herein is directed to consider Ext.
P3 application after obtaining the report from th the 4 respondent herein and pass appropriate orders, as expeditiously as possible, at any rate, within a period of 12 weeks from today. iii) Needless to say that the petitioner is to satisfy the fee required for obtaining the report as above. Sd/- HARISANKAR V. MENON JUDGE anm 2025:KER:26397 APPENDIX OF WP(C) 11982/2023 EXHIBITS A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 12. 07. 2021 ISSUED BY THE VILLAGE OFFICER, POLPULLY VILLAGE IN THE NAME OF THE PETITIONER A TRUE COPY OF THE BASIC TAX RECEIPT DATED 18. 06. 2021 ISSUED BY THE VILLAGE OFFICER, POLPULLY VILLAGE IN THE NAME OF THE PETITIONER A TRUE COPY OF THE APPLICATION DATED 23. 06. 2021 FILED BY THE PETITIONER IN FORM – 6 BEFORE THE 1ST RESPONDENT A TRUE COPY OF THE GAZETTED NOTIFICATION DATED 21. 10. 2019 ISSUED BY THE GOVERNMENT OF KERALA EVIDENCING REMOVAL OF ENTRY OF THE LAND MENTIONED IN EXHIBIT. P1 FROM THE DATA BANK A TRUE COPY OF THE ORDER DATED 03. 09.
2022 OF THE 1ST RESPONDENT REJECTING EXHIBIT. P3 APPLICATION FOR RECLASSIFICATION A TRUE EXTRACT OF THE PROCEDURE FOR GETTING SATELLITE DATA INFORMATION AND REPORT FROM 4TH RESPONDENT A TRUE COPY OF THE JUDGMENT MADE IN W. P. (C) NO. 30727/2022 BY THIS HON’BLE COURT ON 19. 10. 2022 A TRUE COPY OF THE JUDGMENT MADE IN W. P. (C) NO. 36735/2022 BY THIS HON’BLE COURT ON 22. 12. 2022 A TRUE COPY OF THE ORDER DATED 07. 03. 2023 PASSED BY THE 5TH RESPONDENT
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