Citation : 2026 Latest Caselaw 2449 Ker
Judgement Date : 30 March, 2026
W.P.(C) No.5685 of 2026
1
2026:KER:28636
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
WP(C) NO. 5685 OF 2026
PETITIONER(S):
BEENA.L
AGED 59 YEARS, W/O PRASANNAKUMAR KAMBISSERIL LEKSHMI
NIVAS, VALLIKUNNAM P.O MAVELIKKARA, ALAPPUZHA,
PIN - 690501
BY ADV SRI.P.BIJIMON
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR
CIVIL STATION, BESIDE ZILLA PANCHAYATH OFFICE, CIVIL
STATION WARD, ALAPPUZHA, PIN - 688001
3 REVENUE DIVISIONALOFFICER
OFFICE OF REVENUE DIVISIONAL OFFICER CHENGANNUR,
PIN - 689121
4 VILLAGE OFFICER
VALLIKUNNAM VILLAGE, MAVELIKARA TALUK, PIN - 690501
5 AGRICULTURAL OFFICER
KRISHI BHAVAN, VALLIKUNNAM VILLAGE, PIN - 690501
6 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
VIKAS BHAVAN THIRUVANANTHAPURAM, PIN - 695033
BY ADV.:
SMT.VIDYA KURIAKOSE,SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.5685 of 2026
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2026:KER:28636
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.5685 of 2026
------------------------------------------------------
Dated this the 30th day of March, 2026
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent district collector /authorized officer to consider and pass orders on Exhibit P2 (Form 5) application within a time frame to be fixed by this Hon'ble Court;
b) Direct the respondents to afford the petitioner an opportunity of hearing before passing any contrary orders
c) Allow such other reliefs as this Hon'ble Court deem fit and proper in the interest of justice." [SIC]
2. The petitioner submitted a Form-5 application for
deletion of his property from the Data Bank. It is the case
of the petitioner that, he remitted the requisite fee with the
agricultural department for obtaining the KSREC satellite
image of the property concerned. But contrary to the
same, the online status concerning the status of Form-5
2026:KER:28636
application shows that it has been returned back to the
applicant for KSREC payment, which is not correct is the
submission. According to the petitioner, even though the
requisite payment has been made in the treasury account
of KSREC, still the matter is pending without processing
Ext.P2 Form-5 application. Hence, this Writ Petition is filed.
3. Heard, the learned counsel appearing for the
petitioner and the learned Government Pleader.
4. This Court directed the learned Government
Pleader to get instruction. The Government Pleader, after
getting instructions, submitted that, the challan receipt
showing the payment of KSREC is not uploaded by the
petitioner. The petitioner submitted that the payment is
already made. If that be the case, the petitioner can do the
needful within a time frame and once the payment is seen
effected, there can be a direction to the authorised officer
to process the Form-5 application, in accordance with law.
Therefore, this Writ Petition is disposed of in the
following manner:
2026:KER:28636
1. The petitioner will do the needful to see that
the payment for KSREC report is uploaded in
the ReLIS Portal, within a period of two weeks
from the date of receipt of a certified copy of
this judgment.
2. Once the fee is received, the 5th respondent is
directed to submit the necessary report based
on Ext.P2 Form-5 application to the 3 rd
respondent / Authorised Officer, as expeditiously
as possible, at any rate, within a period of one
month from the date of receipt of the payment.
3. The 3rd respondent / Authorised Officer is
directed to consider Ext.P2 Form-5 application
(if it is pending and if it is in order) based on the
report received from the 5th respondent, as
expeditiously as possible, at any rate, within a
period of one month from the date of receipt of
the report.
4. The petitioner will produce a certified copy of
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this judgment, along with a copy of this Writ
Petition with exhibits, before the 3rd and 5th
respondents for compliance.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 30.03.2026
Judgment dictated 30.03.2026
Draft Judgment placed 31.03.2026
Final Judgment uploaded 31.03.2026
2026:KER:28636
APPENDIX OF WP(C) NO. 5685 OF 2026
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF LAND TAX REMITTE-D ON
22.09.2022 TOWARDS THE PROPERTY IN THANDAPER NO 10812 FOR AN EXTENT OF 06.00 ARES IN RE-SURVEY NO 587/9-2 Exhibit P2 THE TRUE COPY OF FORM 5 APPLICATION DATED 15.10.2022, I.E. FILE NOS.
3/2022/1312499 MOVED BY THE PETITIONER SEEKING REMOVAL OF HER LAND FROM THE DATA BANK Exhibit P3 THE TRUE COPY OF THE E-CHALLAN RECEIPT BEARING NO GRN KL037782400202425E DATED 20.02.2025 Exhibit P4 THE TRUE COPY OF THE EXTRACT TAKEN FROM THE WEBSITE OF THE REVENUE DEPARTMENT CONCERNING THE STATUS OF THE APPLICATIONS NO 3/2022/1312499
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