Lakshmi R Menon vs The District Collector

Kerala High Court

Lakshmi R Menon vs 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. 17027 OF 2024
PETITIONER:

            LAKSHMI R MENON, AGED 40 YEARS,
            W/O. JIBIN JOSE, CLOUD 9 VILLA, NO. 5,
            DHANYA SOUTH ROAD, CHALIKKAVATTOM,
            COCHIN, PIN - 682028.

            BY ADVS.
            AMJATHA D.A.
            MUHASIN K.M.
            FARHANA K.H.


RESPONDENTS:

    1       THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION,
            KAKKANAD, ERNAKULAM, PIN - 682030.

    2       THE REVENUE DIVISIONAL OFFICER,
            FORT KOCHI REVENUE DIVISIONAL OFFICE, K B JACOB ROAD,
            FORT KOCHI, ERNAKULAM, PIN - 682001.

    3       THE TAHSILDAR, KANAYANNUR TALUK OFFICE,
            NEAR SUBHASH PARK, MARINE DRIVE,
            ERNAKULAM, PIN - 682011.

    4       THE AGRICULTURAL OFFICER,
            KOCHI CORPORATION KRISHI BHAVAN,
            SA ROAD AND MAHAKAVI VAILOPPILLI ROAD,
            KOCHI, PIN - 682019.

    5       THE DIRECTOR, KERALA STATE REMOTE SENSING AND
            ENVIRONMENT CENTRE, VIKAS BHAVAN,
            THIRUVANANTHAPURAM, PIN - 695033.

            GP SRI.SREJITH V S ,
            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:
 WP(C) NO. 17027 OF 2024
                               -2-

                         JUDGMENT

The petitioner is the absolute owner and in possession of an extent of 1.21 Ares of land comprised in Survey No.504/3-4 in Block No.1 of Poonithura Village, Kanayannur Taluk in Ernakulam 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. WP(C) NO. 17027 OF 2024 -3- Having heard the learned counsel for the petitioner and the learned Government Pleader, this writ petition is disposed of directing the 4th 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 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.P3 within the time limit specified earlier. The WP(C) NO. 17027 OF 2024 -4- 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. 17027 OF 2024 -5- APPENDIX OF WP(C) 17027/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 19.12.2023 EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF PUBLISHED DATA BANK OF KOCHI MUNICIPAL CORPORATION DATED 22.02.2021 EXHIBIT P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 13.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 19.03.2024 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION