Janaki vs The Revenue Divisional Officer, ...
2021 Latest Caselaw 21120 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                        WP(C) NO. 22309 OF 2021
PETITIONER/S:

          JANAKI, W/O VASU
          AGED 72 YEARS
          MOZHIKUNNAM VEEDU, NOCHUPULLY P.O., MUNDUR,
          PALAKKAD DISTRICT, PIN 678 592

          BY ADVS.
          RAJESH SIVARAMANKUTTY
          ARUL MURALIDHARAN



RESPONDENT/S:

    1     THE REVENUE DIVISIONAL OFFICER, PALAKKAD
          OFFICE OF THE REVENUE DIVISION OFFICER,
          PALAKAKD PIN 678 001

    2     THE AGRICULTURAL OFFICER
          (CONVENER AND LOCAL LEVEL MONITORING COMMITTEE UNDER
          ACT 28/2008), KRISHI BHAVAN, MUNDUR,
          PALAKKAD DISTRICT, PIN 678 592

          BY SRI.P.S.APPU, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22309 OF 2021     ..2..



                      JUDGMENT

The petitioner is the owner and in possession of 3

cents of land comprised in Sy.No.175/13 (old

Sy.No.56/2) in Resurvey Block No.15 of Mundur-I

Village in Palakkad Taluk. The petitioner's property is

described as 'Nilam' in the Revenue Records. The

petitioner has filed Ext.P5 application dated

29.01.2020 before the 1st respondent/RDO under the

Kerala Conservation of Paddy Land and Wet Land

Rules, 2008 to put up residential house in his property

covered by Ext.P1. The petitioner is aggrieved by the

delay in disposal of Ext.P5 application.

2. Heard the learned Counsel for the petitioner

and the learned Government Pleader.

3. There will be a direction to the 1 st respondent/

RDO to consider and pass orders on Ext.P5 application

(Form No.5), after verifying the relevant materials and

reports from the Village Officer and KSRSEC and to WP(C) NO. 22309 OF 2021 ..3..

pass appropriate orders thereon. The entire

proceedings shall be completed within a period of

three months from the date of receipt of a copy of this

judgment. If the application directed to be disposed of

is found defective, the defect shall be intimated to the

petitioner by the 1st respondent immediately on

production of a copy of this judgment, and the 1 st

respondent will be entitled to avail the time taken by

the petitioner to cure the defects in the application

also, for compliance of the directions contained in this

judgment.

The writ petition is disposed of accordingly.

Sd/-

                        MURALI PURUSHOTHAMAN
                                 JUDGE
SB/21/10/2021
 WP(C) NO. 22309 OF 2021      ..4..



                APPENDIX OF WP(C) 22309/2021

PETITIONER EXHIBITS

Exhibit P1      TRUE COPY OF THE REGISTERED GIFT DEED

NO;2150/2019 OF SRO, PARALI DATED 14.11.2019 EXECUTED IN FAVOUR OF PETITIONER

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15.7.2020 ISSUED FROM MUNDUR -I, VILLAGE OFFICE TO THE PETITIONER

Exhibit P3 TRUE COPY OF THE THANDAPPER ACCOUNT DETAILS WITH RESPONDENT TO PROPERTY COVERED BY EXHIBIT P-1

Exhibit P4 TRUE COPY OF THE RELEVANT ENTRY IN THE PUBLISHED DATA BANK WITH RESPECT TO PROPERTY OF PETITIONER AND THE CERTIFICATE THERETO FROM THE 2ND REPSONDENT

Exhibit P4(A) TRUE COPY OF THE CERTIFICATE FROM THE 2ND RESPONDENT WITH RESPECT TO PROPERTY OF PETITIONER

Exhibit P5 TRUE COPY OF THE APPLICATION IN FORM-5 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 29.1.2020

Exhibit P6 TRUE COPY OF THE COMMUNICATION NO.J-

439/2020 DATED 25.9.2020 ISSUED BY 1ST RESPONDENT TO 2ND RESPONDENT WITH COPY OF MARKED TO PETITIONER.