Mohammed Saleem vs The Revenue Divisional Officer/Sub ...

Kerala High Court

Mohammed Saleem vs The Revenue Divisional Officer/Sub ... on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) NO. 17100 OF 2024

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             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. 17100 OF 2024
PETITIONER:

             MOHAMMED SALEEM
             AGED 42 YEARS, S/O MOHAMMED 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
                   SREEJITH V S, 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. 17100 OF 2024

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                          JUDGMENT

The petitioner is in joint ownership and in possession of an extent of 7.99 Ares of land comprised in Re.Sy.Nos.483/9-2 & 482/22-1 in Block No.27 of Muthuthala Village, Pattambi Taluk in Palakkad District.

2. The petitioner has approached this Court seeking a direction to the 1 st 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.

Having heard the learned counsel for the petitioner and the learned Government Pleader, this WP(C) NO. 17100 OF 2024 3 writ petition is disposed of directing the 2 nd 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 copy of this writ petition before the Agricultural Officer concerned for due compliance.

Sd/-

MURALI PURUSHOTHAMAN JUDGE S.M.K. WP(C) NO. 17100 OF 2024 4 APPENDIX OF WP(C) 17100/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT OF THE PETITIONER DATED 16.02.2023. Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK DATED 8.2.2023 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.