Procedural lapses in land classification require reconsideration after obtaining expert reports.

JUDGMENT

The petitioner is stated to be the owner in absolute possession and enjoyment of 53.97 ares of property in Survey Nos. 60/1A3-8, 60/1B-3, 60/1B-4, 60/1B-5, 60/2-4, and 60/3- 8 of Puthenvelikkara Village, Paravur Taluk. The property, though a garden land, was mentioned as Nilam in the revenue records as well as in the data bank. The petitioner filed applications in Form 5 and Form 7 seeking to change the nature of the land before the 2nd respondent and also seeking to remove the property from the data bank, respectively. By Ext.P7, the Form-5 application is allowed partially with respect to the properties in Survey Nos. 60/2-4 and 60/3-8 having an extent of 9.24 ares and 8.09 ares, respectively. The application in Form-7 filed was also rejected. It is seeking to challenge the aforesaid that the petitioner is before this Court.

2. Heard Sri. V.A. Vinod, the learned counsel for the petitioner, as well as Smt. Sylaja S.L., the learned Government Pleader.

3. A perusal of the impugned order at Ext.P7 would show that the Form-7 application has been rejected solely on the basis of the report of the Agricultural Officer. The Form-5 application is also only partially allowed, without obtaining the report of the KSREC.

4. Insofar as the petitioner has a case that the properties are converted land prior to 2008, in my opinion, the report of the KSREC ought to have been obtained before consideration of the Form-5 and Form-7 applications. Insofar as that is not done, the impugned orders are required to be set aside.

Therefore, this writ petition stands disposed of by setting aside Ext.P7 order dated 6.7.2022. There will be a direction to the RDO or the authorized officer to reconsider the Form-5 and Form-7 applications after obtaining the report of the KSREC, for which the petitioner is to remit the fee. The RDO would also be entitled to carry out a physical verification of the property, if found necessary. Fresh orders as above shall be issued within a period of 12 weeks from the date of receipt of a copy of this judgment.

Sd/-