Sulesh vs Versus The District Collector

Kerala High Court

Sulesh vs Versus The District Collector 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. 17281 OF 2024
PETITIONER:

              SULESH V S
              AGED 46 YEARS
              S/O. SIVASANKARAN, VADASSERY HOUSE, MATTATHUR P.O.,
              THRISSUR, PIN - 680684
              BY ADV SHAKTHI PRAKASH


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR,
              PIN - 680003
     2        THE REVENUE DIVISIONAL OFFICER
              IRINJALAKUDA REVENUE DIVISIONAL OFFICE, 1ST FLOOR,
              CIVIL STATION, IRINJALAKUDA, THRISSUR, PIN - 680125
     3        THE TAHSILDAR
              MUKUNDAPURAM TALUK OFFICE, MUKUNDAPURAM, CHEMMANDA ROAD,
              IRINJALAKUDA, THRISSUR, PIN - 680125
     4        THE AGRICULTURAL OFFICER
              VELUKKARA KRISHI BHAVAN, VELUKKARA, KADUPPASSERY,
              THRISSUR, PIN - 680683
     5        THE DIRECTOR
              KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS
              BHAVAN, THIRUVANANTHAPURAM, PIN - 695033


              GP - SRI P S APPU
              SC - SRI VISHNU S



     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No. 17281 of 2024
                                    2


                            JUDGMENT

Dated this the 10th day of May, 2024 The petitioner is the owner and in possession of an extent of 7.49 Ares of land comprised in Sy.No.200/4-75 in Block No.50 of Kottanellur Village, Mukundapuram Taluk in Thrissur District.

2. The petitioner has approached this Court seeking a direction to the 2nd 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, the learned Standing Counsel and the learned Government Pleader, this writ petition is disposed of directing 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 W.P.(C).No. 17281 of 2024 3 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 concerned. 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 SK W.P.(C).No. 17281 of 2024 4 APPENDIX OF WP(C) 17281/2024 PETITIONER EXHIBITS :

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 12.07.2023 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 12.07.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE VELUKKARA PANCHAYATH DATED 08.03.2011