Haseer vs The District Collector
2023 Latest Caselaw 7591 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
        FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                       WP(C) NO. 22839 OF 2023
PETITIONER:

            HASEER
            AGED 41 YEARS
            S/O.HAMSA, KODAKARAPARAMBIL HOUSE, VADAKKUMKARA,
            VELLANGALLUR, THRISSUR, PIN - 680662

            BY ADVS.
            SHAKTHI PRAKASH
            MUHASIN K.M.


RESPONDENTS:

    1       THE DISTRICT COLLECTOR
            1ST FLOOR, CIVIL STATION, AYYANTHOLE,
            THRISSUR, PIN - 680003

    2       THE REVENUE DIVISIONAL OFFICER
            IRINJALAKUDA REVENUE DIVISIONAL OFFICE,
            MINI CIVIL STATION, CHEMMANDA ROAD,
            IRINJALAKUDA, THRISSUR, PIN - 680125

    3       THE TAHSILDAR
            MUKUNDAPURAM TALUK OFFICE, MUKUNDAPURAM,
            CHEMMANDA ROAD, IRINJALAKUDA, THRISSUR - 680125

    4       THE VILLAGE OFFICER
            VADAKKUMKARA VILLAGE OFFICE, CHALAKUDY ROAD,
            VELLANGALLUR, THRISSUR - 680662

    5       THE AGRICULTURE OFFICER
            VELLANGALLUR KRISHI BHAVAN,
            VELLANGALLUR, THRISSUR - 680662

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

            BY ADV.SMT.DEVISHRI R., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.22839/2023                         2




                                JUDGMENT

Dated this the 14th day of July, 2023

The petitioner has approached this Court challenging Ext.P4

order whereby Form V application has been rejected by the second

respondent.

2. Learned counsel for the petitioner submits that in spite of

the specific report by the Agricultural Officer that a scientific report

from the Kerala State Remote Sensing and Environment Centre

(KSREC) is required to ascertain the nature of petitioner's property as

on 2008. Without calling for a KSREC report, the application has been

rejected.

3. Heard the learned counsel for the petitioner and also the

learned Government Pleader.

4. In the facts and circumstances, Ext.P4 is set aside. There

will be direction to the second respondent to reconsider Ext.P2

application in Form V and pass fresh orders after obtaining a report

from the sixth respondent - KSREC - with regard to the nature of the

property as on 2008 and in accordance with law. Fresh decision in

this regard shall be taken within an outer limit of three months from

the date of receipt of a copy of this judgment.

Writ Petition stands disposed of.

Sd/- VIJU ABRAHAM JUDGE csl

APPENDIX OF WP(C) 22839/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 09.08.2021

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

Exhibit P3 TRUE COPY OF THE CHALLAN DATED 24.02.2022 SHOWING THE REMITTANCE OF THE FEE BY THE PETITIONER

Exhibit 4 TRUE COPY OF THE ORDER DATED 11.11.2022 ISSUED BY THE 2ND RESPONDENT REJECTING THE PETITIONER'S FORM 5 APPLICATION ALONG WITH TYPE WRITTEN LEGIBLE COPY