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2026 Supreme(Online)(Ker) 4483

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
NALUPURAPPATTIL AFSAL – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.MADHU, SMT.C.R.SARADAMANI, SRI.SHAHID AZEEZ
For the Respondents: GOVERNMENT PLEADER NIMA JACOB

JUDGMENT

The petitioner has approached this Court challenging Ext.P5, whereby the Form-6 application submitted by the petitioner has been rejected for the reason that the property has features of a wetland and the same is lying 50 metres away from the river.

2. The petitioner would submit that in respect of the property of the petitioner himself, comprised in the very same survey number, Ext.P4 order was issued, wherein the Form-6 application submitted by him was allowed and that there is absolutely no reason for the Revenue Divisional Officer to take a contrary view, while considering a subsequent application filed by the petitioner in respect of the property comprised in the very same survey number.

3. It is to be seen that the reasons stated in Ext.P5 order for rejecting the Form-6 application are the grounds to be taken into consideration while considering a Form-5 application for removal from the data bank. Admittedly, the property is not included in the data bank. This Court in George Varghese v. District Collector [ 2023 (7) KHC 93 ] has considered the parameters to be looked into by the Revenue Divisional Officer while considering a Form-6 application. The relevant paragraph

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