Muhammed Shameer K.K vs The Revenue Divisional Officer/Sub ...

Kerala High Court

Muhammed Shameer K.K vs The Revenue Divisional Officer/Sub ... on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
                        WP(C) NO. 17085 OF 2024
PETITIONER

             MUHAMMED SHAMEER K.K
             AGED 40 YEARS
             S/O MUHAMMED KARUVANKUZHIYIL HOUSE , PERUMUDIYOOR
             P.O, PATTAMBI PALAKKAD DISTRICT, PIN - 679 303.

             BY ADVS.
                P.K.SOYUZ
                E.V.BABYCHAN


RESPONDENTS:

    1        THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
             OTTAPALAM RDO OFFICE, OTTAPALAM P.O, PALAKKAD DISTRICT,
             PIN - 679 101.

    2        THE AGRICULTURAL OFFICER
             MUTUTHALA KRISHI BHAVAN, MUTHUTHALA P.O, PALAKKAD
             DISTRICT, PIN - 679 303.

    3        THE VILLAGE OFFICER
             MUTHUTHALA VILLAGE MUTHUTHALA P.O , PALAKKAD
             DISTRICT, PIN - 679 303.

             BY ADV. B S SYAMANTHAK, GOVERNMENT PLEADER




        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.17085 of 2024

                                    2

                             JUDGMENT

The petitioner is the joint owner in possession of an extent of 8 Ares of land comprised in Re.Sy.No.483/9-1 in Block No.27 (old Sy. Nos. 142/2 & 137/1) of Muthuthala Village, Palakkad District.

2. The petitioner has approached this Court seeking a direction to the 1st respondent, RDO to consider and dispose of Ext.P3 application in Form 5 filed under Rule 4(d) of the Kerala Conservation of Paddy land and Wetland Rules, 2008 (hereinafter referred to as 'the Rules').

3. Ext.P3 being a statutory application under the Rules, the competent authorities have a bounden duty to consider the same in accordance with law within a reasonable time.

3

Having heard the learned counsel for the petitioner and the learned Government Pleader, this writ petition is disposed of directing the 2nd respondent, the Agricultural Officer, to submit a report as contemplated under Rule 4(e) of the Rules to the RDO within two months from the date of receipt of a copy of this judgment. The RDO shall dispose of Ext.P3 application, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of the report from the Agricultural Officer. The timelines as above shall be strictly complied with by the respective officers. In case the report has already been submitted by the Agricultural Officer, the RDO shall dispose of Ext.P3 within the time limit specified earlier. The petitioner shall produce a copy of this judgment along with the WP(C) No.17085 of 2024 4 copy of this writ petition before the Agricultural Officer concerned for due compliance.

Sd/-

MURALI PURUSHOTHAMAN, JUDGE S.M.K. WP(C) No.17085 of 2024 5 APPENDIX OF WP(C) 17085/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT OF THE PETITIONER DATED 09.03.2024.

Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK DATED 8.2.2023 OF MUTHUTHALA GRAMA PANCHAYATH.

Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 19.09.2023 SUBMITTED BY THE PETITIONER IN FORM NO.5 BEFORE THE 1 ST RESPONDENT.