Citation : 2023 Latest Caselaw 209 Ker
Judgement Date : 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 383 OF 2023
PETITIONER:
DR. JOSEPH JOHN
AGED 40 YEARS
S/O. JOHN, MUTHIRALOALAYIL HOUSE, VENGOLA KARA,
KUNNATHUNADU TALUK, ERNAKULAM DISTRICT - 683 556.
BY ADV JOSEPH M.P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
MUVATTUPUZHA ROAD, MUVATTUPUZHA,
ERNAKULAM DISTRICT - 686 673.
3 THE TAHSILDAR,
TALUK OFFICE, KUNNATHUNAD TALUK,
PERUMBAVOOR, ERNAKULAM DISTRICT - 683 542.
4 THE VILLAGE OFFICER,
VENGOLA VILLAGE, KUNNATHUNAD TALUK,
PERUMBAVOOR, ERNAKULAM DISTRICT - 683 556.
5 THE CONVENER,
LOCAL LEVEL MONITORING COMMITTEE & AGRICULTURAL
OFFICER, VENGOLA, ERNAKULAM DISTRICT - 683 556.
6 VENGOLA GRAMA PANCHAYAT,
PERUMBAVOOR - PUTHENKURISH ROAD, VENGOLA,
ERNAKULAM DISTRICT - 683 556
REPRESENTED BY ITS SECRETARY.
7 THE PRESIDENT,
VENGOLA GRAMA PANCHAYAT,
PERUMBAVOOR - PUTHENKURISH ROAD,
VENGOLA, ERNAKULAM DISTRICT - 683 556.
SMT. VIDYA KURIAKOSE - GP
SRI. P.THOMAS GEEVERGHESE - SC, VENGOLA GRAMA PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.383 OF 2023
2
JUDGMENT
The petitioner is the owner and in possession of 2 Ares
43 Square Meters of land comprised in Survey No.222/10 in
Block No.20 of Vengola Village. The petitioner's property is
described as 'Nilam' in the Revenue Records. According to
the petitioner, there is no paddy cultivation in the said
property. The petitioner has filed Ext.P3 application (Form
No.5) dated 20.04.2022 before the 2nd respondent/RDO
under the Kerala Conservation of Paddy Land and Wet Land
Rules, 2008. The petitioner is aggrieved by the delay in
disposal of Ext.P3 application.
2. Heard the learned Counsel for the petitioner and
the learned Government Pleader.
3. There will be a direction to the 2nd
respondent/RDO to consider and pass orders on Ext.P3
application (Form 5) submitted by the petitioner if the same
is received, supported by all requisite documents and
paying the prescribed fee, if any, and to pass orders WP(C).No.383 OF 2023
thereon in accordance with law, within a period of three
months from the date of receipt of a copy of this judgment.
The writ petition is disposed of accordingly.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SPR WP(C).No.383 OF 2023
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE GIFT DEED BEARING NO.605/19 DATED 16/02/2019.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 19.04.2022 FOR THE YEAR 2022-23. EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 20.04.2022 SUBMITTED BY THE PETITIONER IN THE PRESCRIBED PERFORMA BEFORE THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
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