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Kerala High Court
Santhosh Kumar vs The State Of Kerala on 31 January, 2026
WP(C) No.18683 of 2022 1
2026:KER:8569
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
WP(C) NO. 18683 OF 2022
PETITIONERS:
1 SANTHOSH KUMAR, AGED 46 YEARS
S/O LATE K.V.VENUGOPALAN NAIR,
RESIDING AT CV NIVAS, VANUR, ALATHUR P.O.,
PALAKKAD-678541.
2 SANGEETH KUMAR, S/O LATE K.V.VENUGOPALAN NAIR,
RESIDING AT CV NIVAS, VANUR, ALATHUR P.O.,
PALAKKAD-678541.
(PETITIONERS ARE REPRESENTED BY THEIR POWER OF
ATTORNEY HOLDER SMT.CHANDRIKA VENUGOPAL,
W/O VENUGOPAL (LATE), AGED 68 YEARS,
C.V NIVAS, VANOOR, ALATHUR AMSOM, ALATHUR TALUK,
KATTUSSERY, ALATHUR, PALAKKAD - 678 541 )
BY ADV SHRI.U.BALAGANGADHARAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE LAND REVENUE COMMISSIONER,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3 THE DISTRICT COLLECTOR,
PALAKKAD, CIVIL STATION, PALAKKAD - 678 001.
WP(C) No.18683 of 2022 2
2026:KER:8569
4 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, PALAKKAD - 678 001.
5 THE TAHSILDHAR,
ALATHUR, PALAKKAD DISTRICT- 678 541.
6 THE VILLAGE OFFICER
ALATHUR VILLAGE, ALATHUR, PALAKKAD - 678 541.
7 THE PRINCIPAL AGRICULTURAL OFFICER,
CIVIL STATION, PALAKKAD-678 001.
* 8 THE AGRICULTURAL OFFICER,
PUTHUPPARIYARAM, PALAKKAD - 678 731.
SUBSTITUTED AS THE AGRICULTURAL OFFICER, ALATHUR,
PALAKKAD DISTRICT-678 731
* 9 THE LOCAL LEVEL MONITORING COMMITTEE
PUTHUPPARIYARAM GRAMA PANCHAYAT,
REPRESENTED BY ITS EX OFFICIO CONVENER
(AGRICULTURE OFFICER, PUTHUPPARIYARAM,
AGRICULTURE OFFICE, PALAKKAD) 678 731.
SUBSTITUTED AS LLMC, ALATHUR GRAMA PANCHAYATH
REPRESENTED BY ITS EX OFFICIO CONVENER
(AGRICULTURE OFFICER, PUTHUPPARIYARAM,
AGRICULTURE OFFICE, PALAKKAD)
* R8 & R9 ARE SUBSTITUTED AS PER ORDER DATED
25/07/2022 IN IA NO.1/2022
0 ALATHUR GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, ALATHUR,
PALAKKAD - 678 541.
GP- NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.18683 of 2022 3
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VIJU ABRAHAM, J.
---------------------------------------------------------------
W.P.(C) No.18683 of 2022
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Dated this the 31st day of January, 2026
JUDGMENT
The petitioners have approached this Court challenging Ext.P12,
wherein the application submitted by them for removal of the property from
the Data Bank has been rejected mainly for the reason that the Local Level
Monitoring Committee [for short, 'the LLMC'] has not recommended for the
removal of the property from the Data Bank. Petitioners have produced
Ext.P9 decision of the LLMC, which reveals that the LLMC has taken a
decision that the request for removal of the property from the Data Bank
could be granted, if the petitioners make an undertaking to construct a
concrete canal for the free flow of water to the nearby paddy field. The
learned Counsel for the petitioners submits that the petitioners are ready to
make such construction.
2. Taking into consideration the fact that there is a finding in
Ext.P12 to the effect that the LLMC has not recommended for removal of
the property from the Data Bank, I am of the opinion that there is total non-
2026:KER:8569
application of mind on the part of the Revenue Divisional Officer while
issuing Ext.P10. Yet another aspect to be noted is that in Ext.P8 judgment,
the Court directed the LLMC to take a decision on the application for
removal of the property from the Data Bank, but later petitioners submitted
application in Form No.5 before the RDO.
In view of the above, I am inclined to interfere with Ext.P12.
Therefore, Ext.P12 is set aside with a consequential direction to the
4th respondent/authorised Officer to consider the matter in accordance with
law, after affording an opportunity of being heard to the petitioners,
considering the report of the LLMC and the KSREC report and getting the
opinion of the Agricultural Officer and after conducting a site inspection. A
decision in this regard shall be taken within an outer limit of two months
from the date of receipt of a certified copy of this judgment.
Sd/-
VIJU ABRAHAM
JUDGE
sp/31/01/2026
2026:KER:8569
APPENDIX OF WP(C) NO. 18683 OF 2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF DOCUMENT NO.3249/06 DATED
26.8.2006 OF SRO ALATHUR.
Exhibit P2 A TRUE COPY OF PHOTOGRAPH OF PROPERTY
COVERED BY EXT.P1 DOCUMENT.
Exhibit P3 A TRUE COPY OF LOCATION SKETCH OF PROPERTY
COVERED BY EXT.P.1 DOCUMENT PREPARED BY
VILLAGE OFFICER, ALATHUR NIL DATED.
Exhibit P4 A TRUE COPY OF ORDER ISSUED BY THE 4TH
RESPONDENT DATED 4.8.2007.
Exhibit P5 A TRUE COPY OF LETTER OF RECEIVED FROM
H.P.C.L. DATED 25.11.2010.
Exhibit P6 A TRUE COPY OF APPLICATION OF THE
PETITIONERS CARRYING ENDORSEMENT AND
RECOMMENDATIONS OF VILLAGE OFFICER AND
GRAMA PANCHAYAT DATED 21.6.2010.
Exhibit P7 A TRUE COPY OF THE REPORT OF THE VILLAGE
OFFICER, ALATHUR DATED 26.6.2010 TO 4TH
RESPONDENT.
Exhibit P8 A TRUE COPY OF JUDGMENT DATED 9..11.2018
IN W.P.[C] 38574/2015 OF THIS HON'BLE
COURT.
Exhibit P9 A TRUE COPY OF REPORT OF LLMC DATED
25.7.2019.
Exhibit P10 A TRUE COPY OF REPORT OF KERALA STATE
REMOTE SENSING AND ENVIRONMENT CENTRE
[KSRSEC ] DATED 29.6.2019.
Exhibit P11 A TRUE COPY OF REPORT OF THE AGRICUTLURE
OFFICER. ALATHUR DATED 3.8.2019.
Exhibit P12 A TRUE COPY OF ORDER OF THE 4TH RESPONDENT
RDO DATED 7.1.2020.
Exhibit P13 A TRUE COPY OF LETTER OF THE ADDITIONAL
TAHSILDAR TO THE REVENUE DIVISIONAL
OFFICER DATED 6.9.2013.
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RESPONDENT EXHIBITS
Exhibit R8(a) TRUE COPY OF THE SATELLITE IMAGE FOR
SY.NO.67/15 IN ALATHUR VILLAGE
Exhibit R8(e) TRUE COPY OF THE STOP MEMO ISSUED BY
VILLAGE OFFICER ,ALATHUR DATED 16.11.2010
Exhibit R8(f) TRUE COPY OF THE DECISION OF THE LLMC
PURSUANT TO THE JUDGMENT IN
Exhibit R8(b) TRUE COPY OF THE APPLICATION DATED
22.09.2010 ALONG WITH THE REPORT OF THE
LLMC
Exhibit R8(c) TRUE COPY OF THE LETTER OF THE PRINCIPAL
AGRICULTURAL OFFICER DATED 24.01.2011
Exhibit R8(d) TRUE COPY OF THE REPORT OF AGRICULTURAL
OFFICER BEARING NO.ALR/KB/10/10-
11SUBMITTED TO THE REVENUE DIVISIONAL
OFFICER IN 2010
