High CourtsSingle Bench(2022) 03 KL CK 0277

T.K. Rajan vs Revenue Divisional Officer Office Of Revenue Divisional, Taliparamba, Kannur 670141

High Court Of Kerala · Decided on 31 March 2022

HON’BLE JUDGES
T.R. Ravi, J
RESULT
Allowed
CASE NUMBER
Writ Petition (C) No. 16121 Of 2021

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Judgment

3 paragraphs · 232 words

T.R. Ravi, J.

The petitioner has challenged Ext.P10 order issued by the 1st respondent, whereby Ext.P4 application for removal of his property from the Data Bank was rejected. Ext.P5 is the report of the KSREC, which says that the property was observed under fallow land with mixed  vegetation/plantation.   A  linear  feature  resembling  road/ construction was also noticed aligned towards north south direction in the imagery of year 2003 and 2008.  The western side of the property is a PWD road and there is a culvert on the southern side of the property as can be seen from Ext.P13.  The order Ext.P10 does not  consider any scientific data and has gone on the reasoning that if construction activities are carried out it will affect the flow of water to the paddy land and hence there was no necessity to remove the land from the Data Bank. Having considered the evidence on record, this Court is of the opinion that a re-look into the matter is required. In  the  above  circumstances,  this  writ  petition  is  allowed.

Ext.P10 is set aside. The 1st respondent is directed to reconsider Ext.P4 application with particular reference to Ext.P5 report of the KSREC and pass orders after conducting a physical verification of the property in the presence of the petitioner. Necessary orders shall be issued within two months from the date of receipt of a copy of this judgment.