Jean Subramanian vs State Of Kerala
2023 Latest Caselaw 10576 Ker

WP(C) NO. 30024 OF 2023
                                   1

                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. 30024 OF 2023
PETITIONER/S:

          JEAN SUBRAMANIAN
          AGED 44 YEARS
          D/O. P.A. SUBRAMANIAN, 'SUPRIYA", HOUSE NO. 97,
          PUNNATHALA NAGAR, KOLLAM, PIN - 691012
          BY ADV B.BILWIN


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DISTRICT COLLECTOR
          VHVF+3WQ, CIVIL STATION ROAD, KAANKATHU MUKKU,
          ERNAKULAM, PIN - 691013
    3     REVENUE DIVISION OFFICER
          VHVF+2WV, VIDYA NAGAR, KOLLAM, PIN - 691013
OTHER PRESENT:

          SR.GP N.DEEPA


     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. 30024 OF 2023
                                        2

                     BECHU KURIAN THOMAS, J.
               ========================
                      W.P.(C)No.30024 of 2023
               ------------------------------------------------
                      Dated this the 16th day of October 2023

                                  JUDGMENT

Petitioner is the owner of an extent of 1.62 Ares of land in

Survey No.46/5 of Block No.276 of Kollam West Village, Kollam

Taluk, Kollam District. Petitioner alleges that she 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 petitioner is produced as Ext.P5.

2. According to her, though the application was filed on

31.07.2022 neither has the report been submitted by the

Agricultural Officer nor has any decision been taken by the 3 rd

respondent.

3. Form 5 application filed by the petitioner is 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.

4. Having heard Adv.Bilwin B., learned counsel for the

petitioner and Smt.Deepa N., learned Government Pleader, I am of

the view that this writ petition can be disposed of with a direction to

take a decision on Ext.P5 application in a time bound manner.

5. Accordingly, there will be a direction to the Agricultural WP(C) NO. 30024 OF 2023

Officer having jurisdiction over Kollam West Village to 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 3rd respondent shall take a

decision on Ext.P5 application within three months thereafter. The

timeline specified above shall strictly be complied with by the

respective officers. Petitioner shall produce a copy of this judgment

before the Agricultural Officer concerned for due compliance.

The writ petition is disposed of accordingly.

BECHU KURIAN THOMAS JUDGE jm/ WP(C) NO. 30024 OF 2023

APPENDIX OF WP(C) 30024/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TITLE DEEDS OF THE LAND WITH DOCUMENT NO. 532/12 Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 09/05/2023 Exhibit P3 TRUE COPY OF THE DOCUMENT NO. 529/12 DATED 24/12/2012 Exhibit P4 TRUE COPY OF THE TAX RECEIPT OF LAND IN RE SY. NO. 93 DATED 09/05/2023 Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 31/07/2022