High CourtsSingle Bench(2022) 03 KL CK 0158

Rajeeb C.P vs Revenue Divisional Officer Ottapalam, Office Of The Revenue Divisional Officer, Palakkad District, Pin 679101

High Court Of Kerala · Decided on 21 March 2022

HON’BLE JUDGES
T.R.Ravi, J
RESULT
Allowed
CASE NUMBER
Writ Petition (C) No. 30712 Of 2021

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Judgment

3 paragraphs · 208 words

T.R.Ravi, J

The challenge in this writ petition is against Ext.P5 order passed by the 1st respondent whereby the request of the petitioner to remove the property from the Data Bank was rejected. The case of the petitioner is that the order has been passed in violation of Ext.P4 Circular, whereby the 1st respondent was obliged to look into the KSREC report before finalising on the factum whether the property had been converted prior to 2008. On a reading of Ext.P5, the contention put forward by the petitioner is fully justified. The order does not refer to the report of the KSREC and it only says that the Agricultural Officer has reported that the property need not be removed from the Data Bank and paddy cultivation is possible.

In the above circumstances, the writ petition is allowed. Ext.P5 order is set aside. The 1st respondent is directed to reconsider the application submitted by the petitioner with specific reference to the report from the KSREC. The petitioner shall take steps to obtain a report from the KSREC and produce the same before the 1st respondent. Necessary orders shall be issued in accordance with law within a period of six weeks from the date of receipt of the KSREC report.