Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member Services -- Sign up today and get free trial for one month.
Kerala High Court
Aneesh T.F vs State Of Kerala 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. 17225 OF 2024
PETITIONER:
ANEESH T.F, AGED 39 YEARS,
S/O FRANCIS T.J,
NOW RESIDING AT THOTTAPILLY HOUSE,
BEHIND GOVERNMENT HOMEO HOSPITAL,
PULLEPPADY, ERNAKULAM, PIN - 682017.
BY ADVS.
ASHISH GOPAL K.G
T.G.SUNIL (PERUMBAVOOR)
NIKITA NAIR C.S.
SYAM K.P.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY,
SECRETARIAT, DEPARTMENT OF AGRICULTURE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION,
ERNAKULAM, PIN - 682030.
3 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, ERNAKULAM DISTRICT,
PIN - 682001.
4 THAHSILDAR, KANAYANNUR TALUK OFFICE,
PARK AVENUE ROAD, ERNAKULAM DISTRICT,
PIN - 682011.
5 TALUK SURVEYOR, KANAYANNUR TALUK OFFICE,
PARK AVENUE ROAD, ERNAKULAM DISTRICT,
PIN - 682011.
6 THE VILLAGE OFFICER,
ELAMKULAM VILLAGE OFFICE,
GANDHI NAGAR ROAD, KADAVANTHRA,
ERNAKULAM DISTRICT, PIN - 682020.
WP(C) NO. 17225 OF 2024
-2-
7 AGRICULTURAL OFFICER,
AGRICULTURAL OFFICE,
CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN - 682030.
GP SRI B S SYAMANTHAK
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. 17225 OF 2024
-3-
JUDGMENT
The petitioner is the absolute owner of an extent of 1.62 Ares of land comprised in Survey No.289/6-5 in Block No.1 of Elamkulam Village, Kanayannur Taluk in Ernakulam District.
2. The petitioner has approached this Court seeking a direction to the 3rd respondent, RDO to consider and dispose of Ext.P2 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.P2 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 writ petition is disposed of directing the 7th respondent, the Agricultural Officer, to WP(C) NO. 17225 OF 2024 -4- 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.P2 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. 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.P2 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 akv WP(C) NO. 17225 OF 2024 -5- APPENDIX OF WP(C) 17225/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF LAND TAX RECEIPT DATED 04/05/2024 ISSUED BY THE 6TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE FORM 5 APPLICATION NO. 73/2022/255165 SUBMITTED BY THE PETITIONER WITH RESPECT TO 1.62 ARES OF PROPERTY, COMPRISED IN SURVEY. NO 289/6-5 OF ELAMKULAM VILLAGE, ERNAKULAM DISTRICT, FILED BEFORE 3RD RESPONDENT DATED 05/08/2022