A proper administrative procedure requires obtaining relevant reports before making decisions affecting property rights.

J U D G M E N T

The petitioner is stated to be in ownership and possession of 45.20 Ares in Re-Survey Nos. 131/1, 131/2, 131/3, 131/6, 130/19, 130/20, 130/21 of Nellanad Village. As regards the inclusion of the afore property in the data bank, she filed an application in Form-5, seeking removal of the same from the Data Bank. By the impugned order at Ext.P4, the Revenue Divisional Officer, having sought to reject the afore application, the petitioner is before this Court.

2. Heard The learned counsel for the petitioner, as well as the learned Government Pleader.

3. A reading of the order at Ext.P4 would show that the same was issued without obtaining a report from the Kerala State Remote Sensing and Environment Centre (KSREC), and solely on the basis of the reports of the Village Officer and the Agricultural Officer. The order at Ext.P4 further shows that coconut trees and arecanut trees, having at least 20 years of age, were seen in the property in question and that no paddy cultivation was being carried out therein.

4. Insofar as no report from the KSREC was obtained with reference to the request for removal of the property from the Data Bank, particularly when the petitioner contends that the land was converted prior to 2008, I am of the opinion that the matter requires reconsideration by the Revenue Divisional Officer.

Therefore, this writ petition would stand allowed, setting aside Ext.P4. The Revenue Divisional Officer or the authorised officer is directed to pass fresh orders, after obtaining a report from the KSREC, for which the requisite fee shall be paid by the petitioner. Orders as directed above shall be passed within a period of 12 weeks from the date of receipt of a copy of this judgment. The Revenue Divisional Officer or the authorised officer would also be entitled to carry out a personal visit of the property, if so required.

Sd/-