Kerala High Court
Biju vs The District Collector on 16 October, 2023
WP(C) NO. 33922 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
WP(C) NO. 33922 OF 2023
PETITIONER/S:
1 BIJU
AGED 49 YEARS
S/O. KRISHNAN PILLA, POORNATHAM VEETTIL, PERUNGALA,
KAYAMKULAM ALAPPUZHA, PIN - 690559
2 BINU
AGED 47 YEARS
S/O. KRISHNAN PILLA, POORNATHAM VEETTIL, PERUNGALA,
KAYAMKULAM, ALAPPUZHA, PIN - 690559
BY ADVS.
PRAVEEN K. JOY
BINIYAMIN K.S.
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
1ST FLOOR, COLLECTORATE, ALAPPUZHA, PIN - 688001
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE,CHENGANNUR SH-10, MAVELIKKARA-
KOZHENCHERY ROAD, CHENGANNUR, PIN - 689121
3 THE TAHSILDAR
MAVELIKKARA TALUK OFFICE KOTTANADU, OLD MAVELIKKARA,
MAVELIKKARA- 690101, PIN - 690101
4 THE VILLAGE OFFICER
PERINGALA VILLAGE OFFICE, NEAR KOYICKATHARA LEVEL CROSS,
EREZHA ROAD, EREZHU THEKKU, MAVELIKKARA, PIN - 690106
5 THE AGRICULTURAL OFFICER
CHETTIKULANGARA TEMPLE RD, CHETTIKULANGARA, PERUNGALA,
MAVELIKKARA, PIN - 690106
SR.GP SMT.K.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33922 OF 2023
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BECHU KURIAN THOMAS, J.
========================
W.P.(C)No.33922 of 2023
------------------------------------------------
Dated this the 16th day of October 2023
JUDGMENT
Petitioners are the owners of an extent of 8.10 Ares of land in
Survey No.297/20-2 of Block No.12 of Perungala Village, Mavelikkara
Taluk, Alappuzha District. Petitioners allege that they had filed an
application in Form 5 under the Kerala Conservation of Paddy Land and
Wetland Rules, 2008 (for short 'the Rules'). Copy of the application
submitted by the petitioners are produced as Ext.P3.
2. According to them, though the application was filed on
17.08.2023 neither has the report been submitted by the Agricultural
Officer nor has any decision been taken by the 2nd respondent.
3. Form 5 application filed by the petitioners are statutory
application as per Rule 4(d) of the Rules. The competent authorities
therefore have a legal duty to consider the said application in accordance
with law within a reasonable time. Therefore, there will be a direction to
the 2nd respondent to submit a report as per the Rules.
4. Having heard Sri.Praveen K.Joy, learned counsel for the
petitioners and Smt.K.Amminikutty, learned Senior Government Pleader,
I am of the view that this writ petition can be disposed of with a direction
to take a decision on Ext.P3 application in a time bound manner.
5. Accordingly, there will be a direction to the 5th respondent to
WP(C) NO. 33922 OF 2023
submit a report as contemplated under Rule 4(e) of the Rules, within a
period of two months from the date of receipt of a copy of this judgment.
Pursuant to receipt of the said report, the 2nd respondent shall take a
decision on Ext.P3 application within three months thereafter. The
timeline specified above shall strictly be complied with by the respective
officers.
The writ petition is disposed of accordingly.
BECHU KURIAN THOMAS
JUDGE
jm/
WP(C) NO. 33922 OF 2023
APPENDIX OF WP(C) 33922/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 25.05.2023
Exhibit P2 TRUE COPY OF THE SANCTION LETTER DATED
20.04.2023 ALONG WITH RELEVANT PAGES OF TERMS
AND CONDITIONS
Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED
17.08.2023 SUBMITTED BEFORE THE 2ND RESPONDENT
