Ajitha vs The District Collector
2023 Latest Caselaw 10593 Ker

WP(C) NO. 33754 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. 33754 OF 2023
PETITIONER/S:

          AJITHA
          AGED 35 YEARS
          D/O. GIRIJAKUMARI KORANATHU, THENUR, PARLI, PALAKKAD.,
          PIN - 678612
          BY ADVS.
          BINIYAMIN K.S.
          T.M.NEZLA


RESPONDENT/S:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, PALAKKAD., PIN - 678001
    2     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, PARAKKUNNAM, VIDYUT NAGAR,
          PALAKKAD, PIN - 678001
    3     THE TAHSILDAR
          PALAKKAD TALUK OFFICE, KENATHUPARAMBU, KUNATHURMEDU,
          PALAKKAD, PIN - 678001
    4     THE VILLAGE OFFICER
          PARALI -1 VILLAGE OFFICE PALAKKAD - PONNANI RD, NEAR
          POST OFFICE, THENUR, PALAKKAD, PIN - 678612
    5     THE AGRICULTURAL OFFICER
          PARALI KRISHI BHAVAN, THENUR P.O. PALAKKAD, PIN -
          678612

          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. 33754 OF 2023
                                         2

                     BECHU KURIAN THOMAS, J.
               ========================
                      W.P.(C)No.33754 of 2023
               ------------------------------------------------
                      Dated this the 16th day of October 2023

                                   JUDGMENT

Petitioner is the owner of an extent of 73.62 Ares of land out of

which, 27.52 Ares of land comprised in Survey No.517/16, 36 Ares of

land comprised in Survey No.518/2 and 10.10 Ares of land

comprised in Survey No.518/8 of Parli-1 Village, Palakkad Taluk,

Palakkad District. Petitioner alleges that she had filed an application

in Form 5 for the extent of 10.10 Ares in Survey No.518/8 in Parli-I

Village, Palakkad Taluk, Palakkad District, 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 her, though the application was filed on

09.06.2023 neither has the report been submitted by the

Agricultural Officer nor has any decision been taken by the 2 nd

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 5th respondent to submit a report as per the WP(C) NO. 33754 OF 2023

Rules.

4. Having heard Adv.Biniyamin K.S., learned counsel for the

petitioner 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 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. 33754 OF 2023

APPENDIX OF WP(C) 33754/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 06.04.2023 Exhibit P2 TRUE COPY OF THE EXTRACT OF PUBLISHED DATA BANK OF PARALI GRAMA PANCHAYATH DATED 24-03-

Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 09.06.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT