Sreekanth K Sreevalsan vs State Of Kerala
2023 Latest Caselaw 10588 Ker

WP(C) NO. 33925 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. 33925 OF 2023
PETITIONER/S:

             SREEKANTH K SREEVALSAN
             AGED 56 YEARS
             S/O SREEVALSAN, DEVISSERY HOUSE, PALLIPPURAM P.O. CHERAI
             MURI, PALLIPPURAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT,
             PIN - 683514
             BY ADVS.
             ANOOP KRISHNA
             V.A.PRADEEP KUMAR
             JENNY THANKAM


RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVT
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2       THE REVENUE DIVISIONAL OFFICER
             OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, FORT
             KOCHI PO, ERNAKULAM DISTRICT, PIN - 682001
     3       THE AGRICULTURAL OFFICER
             KRISHI BHAVAN KAKKNAD, KAKKANAD PO, ERNAKULAM DISTRICT.,
             PIN - 682030
     4       THE VILLAGE OFFICER
             VILLAGE OFFICE , VAZHKKALA, KAKKANAD PO,, PIN - 682030

             SR.GP. SMT.DEEPA N.
     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. 33925 OF 2023
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                      BECHU KURIAN THOMAS, J.
                ========================
                       W.P.(C)No.33925 of 2023
                ------------------------------------------------
                        Dated this the 16th day of October 2023

                                    JUDGMENT

Petitioner is the owner of an extent of 0.98 Ares of land in Survey

No.237/24-2 of Vazhakkala Village, Kanayannur Taluk, Ernakulam

District. Petitioner alleges that he 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.P3.

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

15.02.2023 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 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. Therefore, there will be a direction to

the 3rd respondent to submit a report as per the Rules.

4. Having heard Sri.Anoop Krishna, learned counsel for the

petitioner and Smt.Deepa N., 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 3rd respondent to WP(C) NO. 33925 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 four 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. 33925 OF 2023

APPENDIX OF WP(C) 33925/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TITLE DEED NO 3503 OF 2006 OF SRO TRIKKAKARA DATED 19.10.2006 Exhibit P2 THE TRUE COPY OF THE LAND TAX DATED 23.01.2023 PAID BY THE PETITIONER Exhibit P3 THE TRUE COPY OF THE APPLICATION FOR CONVERSION DATED ON 15.02.2023 Exhibit P4 THE TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK OF THE PROPERTY OF THE PETITIONER