Arunkumar, Vs the District Collector — Kerala HC (2025) — LawSathi Research

Arunkumar, Vs the District Collector — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ext.P3 (order of the 2nd respondent/RDO dated 06.07.2022) is set aside; the 2nd respondent is directed to consider the Ext.P2 Form 5 application afresh after obtaining the KSREC report and after affording the petitioners an opportunity for hearing, as expeditiously as possible and at any rate within 12 weeks; the fee for obtaining the KSREC report is to be satisfied by the petitioners. The writ petition is disposed of as above.

Issue for consideration

Whether the Revenue Divisional Officer validly rejected the petitioners' Form 5 application (for removal of the property from the databank) solely on the report of the Agricultural Officer, without obtaining a KSREC report, where the property is alleged to have been converted prior to 2008.

Court's answer

The impugned order at Ext.P3 was issued solely relying on a report from the Agricultural Officer concerned; in respect of a property allegedly converted prior to 2008, the Revenue Divisional Officer ought to have obtained a report of the Kerala State Remote Sensing and Environment Centre (KSREC) prior to disposal of the application.

Ratio / Principle

Ext.P3 issued by the 2nd respondent is set aside.

Key takeaways

The 2nd respondent (RDO) is directed to consider the Ext.P2 application filed by the petitioners afresh, after obtaining the report from the KSREC and after affording an opportunity for hearing for the petitioners, as expeditiously as possible.ratio¶41
The fresh consideration by the 2nd respondent is to be completed, at any rate, within a period of 12 weeks from the date of the judgment.ratio¶41
The fee for obtaining the report of the KSREC is to be satisfied (paid) by the petitioners.ratio

Detailed headnote1 paragraphs

Arunkumar and another v. The District Collector, Kozhikode and others — W.P.(C) No.38453 of 2023 — High Court of Kerala at Ernakulam (Harisankar V. Menon, J.) — decided 03.04.2025. The petitioners' Form 5 application under the Kerala Conservation of Paddy Land and Wetland Act, 2008 seeking removal of their property from the databank had been rejected by the Revenue Divisional Officer (Ext.P3 dated 06.07.2022) relying solely on the report of the Agricultural Officer concerned. Held: where the property is alleged to have been converted prior to 2008, the RDO ought to have obtained a report of the Kerala State Remote Sensing and Environment Centre (KSREC) prior to disposal of the application. Ext.P3 is set aside; the RDO is directed to consider the Ext.P2 application afresh, after obtaining the KSREC report and after affording the petitioners an opportunity of hearing, as expeditiously as possible and at any rate within 12 weeks; the KSREC fee to be satisfied by the petitioners. Writ petition disposed of as above. No precedent cited; single-judge decision.

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W.P.(C) No.38453 of 2023

2025:KER:29201

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

WP(C) NO.38453OF 2023

PETITIONERS:

1 ARUNKUMAR,
AGED 36 YEARS, S/O. ASHOKAN,
POTHANCHERY, PALITHUMBAPARAMBA,

BEYPORE P.O., KOZHIKODE, PIN - 673015

2 AJITHKUMAR,

AGED 34 YEARS, S/O.ASHOKAN,
POTHANCHERY, PALITHUMBAPARAMBA,
BEYPORE P.O., KOZHIKODE, PIN - 673015

BY ADVS.
SHAKTHI PRAKASH
MUHASIN K.M.
AMJATHA D.A.
FARHANA K.H.

RESPONDENTS:

1 THE DISTRICT COLLECTOR,
CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE, PIN - 673020

2 THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE REVENUE DIVISIONAL OFFICE,
CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE, PIN - 673020

3 THE TAHSILDAR,
KOZHIKODE TALUK OFFICE, CIVIL STATION,
WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE, PIN - 673020

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4 THE VILLAGE OFFICER, CHERUVANNUR VILLAGE OFFICE, KOLATHARA, CHERUVANNUR, KOZHIKODE, PIN - 673655

5 THE AGRICULTURE OFFICER, CHERUVANNUR NALLALAM KRISHI BHAVAN, CHERUVANNUR, KOZHIKODE, PIN - 673655

6 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND
ENVIRONMENT CENTRE, VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033

BY ADV.
SRI.E.G.GORDEN, SR.GP.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD FOR
ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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JUDGMENT

The petitioners have filed Form 5 application under the Kerala Conservation of Paddy Land and Wetland Act, 2008, before the 2^nd respondent herein, seeking removal of the property mentioned therein, from the databank. By Ext.P3, the Revenue Divisional Officer (RDO) has rejected the afore application. It is in such circumstances that the captioned writ petition is filed by the petitioners.

I have heard Sri.Muhasin K.M., the learned counsel for the petitioners and Sri.E.G.Gorden, the learned Senior

Government Pleader.

This Court notices that the impugned order at Ext.P3 has been issued solely relying on a report from the Agricultural Officer concerned. Insofar as the prayer of the petitioners is with respect to a property, which has been allegedly converted prior to 2008, the Revenue Divisional Officer ought to have obtained a report of the Kerala State Remote Sensing and Environment Centre (KSREC) prior to disposal of the application filed by the petitioners.

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In the result, I am of the opinion that the matter requires a revisit at the hands of the RDO.

Resultantly, Ext.P3 issued by the 2^nd respondent is set

aside. The 2^nd respondent is directed to consider Ext.P2 application

filed by the petitioners afresh, after obtaining the report from the KSREC, and after affording an opportunity for hearing for the petitioners, as expeditiously as possible, at any rate, within a period of 12 weeks from today.

Needless to say that the fee for obtaining the report of

the KSREC is to be satisfied by the petitioners.

This writ petition is disposed of as above.

Sd/-

HARISANKAR V. MENON JUDGE

anm

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2025:KER:29201

APPENDIX OF WP(C) 38453/2023

PETITIONERS’ EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
06.03.2021

Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER DATED
05.11.2021

Exhibit P3 TRUE COPY OF THE ORDER DATED 06.07.2022
ISSUED BY THE 2ND RESPONDENT

Exhibit P4 A COPY OF THE PHOTOGRAPHS OF THE PROPERTY
OF THE PETITIONER