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Kerala High Court
Jose Antony vs Revenue Divisional Officer (Rdo), Fort ... 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. 16868 OF 2024
PETITIONERS:
1 JOSE ANTONY,
AGED 62 YEARS, S/O ANTHONY, EARALY HOUSE,
MANJAPRA P.O., ANGAMALY, ERNAKULAM, PIN - 683 581.
2 MINI JOSE,
AGED 48 YEARS, W/O JOSE ANTONY,EARALY HOUSE,
MANJAPRA P.O., ANGAMALY, ERNAKULAM, PIN - 683 581.
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
S.UNNIKRISHNAN (NELLAD)
KRISHNA DAS
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER (RDO),
FORT KOCHI, REVENUE DIVISIONAL OFFICE,
FORT KOCHI P.O.,ERNAKULAM, PIN - 682 001.
2 THE TAHSILDAR
ALUVA TALUK OFFICE, GROUND FLOOR,
MINI CIVIL STATION, CIVIL STATION RD,
PERIYAR NAGAR, ALUVA, PIN - 683 101.
W.P.(C) No.16868 of 2024 2
3 THE VILLAGE OFFICER,
MOOKKANNOOR VILLAGE OFFICE, MOOKKANNOOR,
ERNAKULAM, PIN - 683 577.
4 THE LOCAL LEVEL MONITORING COMMITTEE,
MOOKKANNOOR GRAMA PANCHAYAT, REP BY ITS CONVENER,
AGRICULTURAL OFFICER, MOOKKANNOOR KRISHI BHAVAN,
ERNAKULAM, PIN - 683 577.
BY ADV
B.S.SYAMNATH, GOVERNMENT PLEADER
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.16868 of 2024 3
JUDGMENT
The petitioners are the owners and in possession of an extent of 11.32 Ares of land comprised in Sy.Nos.182/6-2 & 182/5-2 in Block No.16 of Mookkannoor Village, Aluva Taluk in Ernakulam District.
2. The petitioners have 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 W.P.(C) No.16868 of 2024 4 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 petitioners and the learned Government Pleader, this writ petition is disposed of directing the Agricultural Officer concerned, 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 three months from the date of receipt of the report from the Agricultural Officer W.P.(C) No.16868 of 2024 5 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 petitioners 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. W.P.(C) No.16868 of 2024 6 APPENDIX OF WP(C) 16868/2024 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 26.07.2023 OF 11.32 ARES OF THE PROPERTY FOR THE YEAR 2023-2024 ISSUED BY THE VILLAGE OFFICER IN THE NAME OF THE PETITIONERS.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT DATABANK SHOWING THE PETITIONER'S PROPERTY.
Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER DATED 03.08.2022.
Exhibit P4 TRUE COPY OF THE PRINTOUT SHOWING THE STATUS OF THE PETITIONER APPLICATION OBTAINED FROM THE OFFICIAL WEBSITE.