Chembakam vs The District Collector
2021 Latest Caselaw 18141 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                    WP(C) NO. 15131 OF 2021
PETITIONER :-

          CHEMBAKAM, AGED 40 YEARS
          W/O.CHENTHAMARAKSHAN, RESIDING AT VACCODE HOUSE,
          VADAKKENCHERRY P.O, ALATHUR TALUK, PALAKKAD DISTRICT.

          BY ADV MINI.V.A.


RESPONDENTS :-

    1     THE DISTRICT COLLECTOR
          PALAKKAD, CIVIL STATION, PALAKKAD, PIN - 678 001.

    2     THE REVENUE DIVISIONAL OFFICER,
          PALAKKAD, CIVIL STATION, PALAKKAD, PIN - 678 001,

    3     THE LOCAL LEVEL MONITORING COMMITTEE
          (VADAKKENCHERRY GRAMA PANCHAYATH)
          REPRESENTED BY ITS CONVENOR,
          THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
          VADAKKENCHERRY, PALAKKAD DISTRICT, PIN - 678 683.

          SRI.P.S.APPU, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15131 OF 2021

                                   2


                              JUDGMENT

Dated this the 3rd day of September, 2021

This writ petition is filed challenging Exts.P3 and P4 and

seeking directions to the 2nd respondent to delete the petitioner's

property from the data bank after obtaining report from the KSRSEC

as mandated under the Act. The learned counsel for the petitioner

places reliance on a judgment of this Court in W.P.(C)

No.15019/2021. By judgment dated 9.8.2021, this Court had quashed

the impugned order and had directed a consideration of the Form 5

application submitted by the petitioners therein afresh after obtaining

a report from KSRSEC and after giving an opportunity of hearing to

the petitioners. It is submitted by the learned counsel for the

petitioner that the property referred to in W.P.(C) No.15019/2021

was in the same Village and that the respondents while passing the

impugned order had not obtained a report from the KSRSEC or

considered the contentions of the petitioners.

2. Having considered the contentions advanced, I notice that

the petitioner's property for which she claims deletion from the data

bank has an extent of 2.43 Ares and is situated in Re-survey

No.510/20 of Vadakkencherry-I Village. It is submitted that though WP(C) NO. 15131 OF 2021

Ext.P2 application had been submitted by the petitioner, no report of

KSRSEC had been obtained by the 2 nd respondent before passing

Ext.P4 order.

3. In the above view of the matter and in view of the

directions contained in the judgment dated 9.8.2021 in W.P.(C)

No.15019/2021, I am of the opinion that the petitioner is also entitled

for the same relief.

In the result, this writ petition is allowed. Ext.P4 order is

set aside. There will be a direction to the 2 nd respondent to

reconsider the Form 5 application submitted by the petitioner afresh

on merits after obtaining a report from the KSRSEC and after giving

an opportunity of hearing to the petitioner. The expenses for

obtaining the report shall be met by the petitioner.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/10.9.2021 WP(C) NO. 15131 OF 2021

APPENDIX OF WP(C) 15131/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 09-10-2020

Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS DATED 19-06-2020

Exhibit P3 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT SUBMITTED BEFORE THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER NO. RDOPKD/174/2021-J2 DATED 9-3-2021 ISSUED BY THE 2ND RESPONDENT.