Fousiya Cherakkattil vs Revenue Divisional Officer
2023 Latest Caselaw 7622 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
      FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                      WP(C) NO. 22896 OF 2023
PETITIONER:

          FOUSIYA CHERAKKATTIL
          AGED 36 YEARS
          W/O.MOHAMED SHAHID P.N, AL NOOR,
          KALLAI P.O., KOZHIKODE, PIN - 673572

          BY ADVS.
          AASHIQUE AKTHAR HAJJIGOTHI
          AMINA AKTHAR



RESPONDENT:

          REVENUE DIVISIONAL OFFICER
          KOZHIKODE, CIVIL STATION, SH 29,
          ERANHIPPALAM KOZHIKODE, PIN - 673020

          BY ADV.SAROJINI K.G., GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.22896/2023                     2




                               JUDGMENT

Petitioner has approached this Court seeking direction to the

respondent - Revenue Divisional Officer - to consider and pass

orders on Ext.P1 application within a time frame to be fixed by this

Court.

2. Learned counsel for the petitioner submits that the

petitioner intends to construct a residential house in the land

comprised in Survey Nos.47/38 and 52/69 of Olavanna Village,

Kozhikode Taluk, Kozhikode District. Petitioner submitted Ext.P1

application in Form 6 on 26.04.2023 before the respondent. The

same is not disposed of so far. Learned counsel also submits that

unless the application is considered expeditiously, petitioner will be

put to untold hardship and loss.

3. Learned Government Pleader opposes all the

contentions made by the petitioner in the Writ Petition, however,

submitted that since the petitioner has invoked a statutory remedy

under the provisions of the Kerala Conservation of Paddy Land and

Wetland Rules, 2008, the application submitted by the petitioner

can be considered by the respondent.

4. Heard the learned counsel for the petitioner and also the

learned Government Pleader.

5. Ext.P1 application in Form 6 has been filed by the

petitioner invoking the statutory remedy under the provisions of

Kerala Conservation of Paddy Land and Wetland Rules, 2008.

Ext.P1 application being a statutory application, the respondent is

bound to consider the same and pass thereon within a reasonable

time.

In the facts and circumstances, this Writ Petition is disposed

of with a direction to the respondent to consider Ext.P1 application

and pass appropriate orders thereon, in accordance with law, if the

same is filed with all supporting documents and requisite fee,

within a period of three months from the date of receipt of a copy

of this judgment.

Sd/-

VIJU ABRAHAM JUDGE csl

APPENDIX OF WP(C) 22896/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION DATED 26.04.2023