Elias Zacharia vs The Revenue Divisional Officer
2023 Latest Caselaw 5475 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
  FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
                    WP(C) NO. 14730 OF 2023
PETITIONER/S:

            ELIAS ZACHARIA
            AGED 46 YEARS
            S/O V.K ZACHARIA, VATTAKATTILHOUSE, PIRAVOM
            VILLAGE, MUVATTUPUZHA TALUK, PIRAVOM P.O, PIN
            686664 REPRESENTED BY HIS POWER OF ATTORNEY
            HOLDER V.K ZACHARIA., PIN - 686664
            BY ADVS.
            AJITH VISWANATHAN
            SHIBU JOSEPH


RESPONDENT/S:

    1       THE REVENUE DIVISIONAL OFFICER
            ,REVENUE DIVISIONAL OFFICE,MUVATTUPUZHA P.O, PIN
            - 686661
    2       THE AGRICULTURAL OFFICERPIRAVOM
            AGRICULTURAL OFFICE, PIRAVOM P.O, PIN - 686664
OTHER PRESENT:

            GP SRI. JIMMY GEORGE


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   28.04.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 14730 of 2023



                     MURALI PURUSHOTHAMAN, J.
                             ======================================================

                              W.P.(C) No. 14730 of 2023
                         =============================================================

                     Dated this the 28th day of April, 2023

                                          JUDGMENT

The petitioner is the owner and in possession of 22.86 Ares

of land comprised in Sy.No.714/3/3 of Piravom Village. It is

stated that the petitioner's property is a garden land; but it is

described as 'paddy land' in the Revenue Records. The petitioner

has filed Ext.P2 application dated 02.07.2022 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.P2 application.

2. Heard the learned Counsel for the petitioner and the

learned Government Pleader.

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

consider and pass orders on Ext.P2 application (Form No.5), after

W.P.(C). No. 14730 of 2023

verifying the relevant materials and reports from the Village

Officer and KSRSEC. 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 1st 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 das

W.P.(C). No. 14730 of 2023

APPENDIX OF WP(C) 14730/2023

PETITIONER EXHIBITS Exhibit P 1 TRUE PHOTOSTAT COPY OF SALE DEED NO 1146 OF 2013 OF SRO PIRAVOM DATED 15-5-

Exhibit P 2 TRUE PHOTOSTAT COPY OF THE APPLICATION UNDER FORM 5 SUBMITTED BY THE PETITIONER DATED 2-7-2022