Rajesh vs The Revenue Divisional Officer/Sub ...

Kerala High Court

Rajesh 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. 17108 OF 2024
PETITIONER:

              RAJESH
              AGED 38 YEARS
              S/O DAMODARAN K.T, KIZHAKETHIL THAZHATHETHIL,
              MUTHUTHALA, KOZHIKKOTTIRI 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. SRI 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. 17108 of 2024

                                    2

                          JUDGMENT

The petitioner is in joint ownership and in possession of an extent of 15.95 Ares of land comprised in Sy.No.222/4 of Muthuthala Village, Pattambi Taluk in Palakkad District.

2. The petitioner has approached this Court seeking a direction to the 1st respondent, RDO to consider and dispose of Ext.P4 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.P4 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.P4 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.P4 within the time limit specified earlier. The petitioner shall produce a copy of this Judgment along with the WP(C) No. 17108 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. 17108 of 2024 5 APPENDIX OF WP(C) 17108/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE KLU ORDER NO. D. DIS.

879/93 DATED 24.02.1993 ISSUED BY THE 1 ST RESPONDENT.

Exhibit P2 A TRUE COPY THE LAND TAX RECEIPT ISSUED BY THE 3 RD RESPONDENT DATED 27.11.2023. Exhibit P3 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK OF MUTHUTHALA GRAMA PANCHAYATH DATED NIL.

Exhibit P4 A TRUE COPY OF THE APPLICATION IN FORM NO. 5 SUBMITTED BEFORE THE FIRST RESPONDENT DATED 08.01.2024.