Alphonsa vs The District Collector
2023 Latest Caselaw 10606 Ker

              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. 30778 OF 2023


PETITIONER:

           ALPHONSA
           AGED 56 YEARS
           D/O. LONAPPAN,
           AKKARA HOUSE,
           M G KAVU, THRISSUR, PIN - 680581

           BY ADVS.
           SHAKTHI PRAKASH
           MUHASIN K.M.
           FARHANA K.H.
           AMJATHA D.A.


RESPONDENTS:

    1      THE DISTRICT COLLECTOR
           FIRST FLOOR, CIVIL STATION,
           AYYANTHOLE, THRISSUR, PIN - 680003

    2      THE REVENUE DIVISIONAL OFFICER
           THRISSUR REVENUE DIVISIONAL OFFICE,
           CIVIL STATION, AYYANTHOLE,
           THRISSUR - 680 003, PIN - 680003

    3      THE TAHSILDAR
           THRISSUR TALUK OFFICE,
           TOWN HALL, W PALACE ROAD,
           CHEMBUKKAVU, THRISSUR, PIN - 680020

    4      THE AGRICULTURAL OFFICER
           KOLAZHY KRISHI BHAVAN,
           KILLANNUR, KOLAZHY,
 W.P.(C).No.30778 of 2023
                                  -:2:-



             THRISSUR, PIN - 680581

     5       THE DIRECTOR
             KERALA STATE REMOTE SENSING AND ENVIRONMENT-
             CENTRE, VIKAS BHAVAN,
             THIRUVANANTHAPURAM, PIN - 695033
             BY ADV.
             K.AMMINIKUTTY
             SENIOR GOVERNMENT PLEADER
      THIS     WRIT    PETITION   (CIVIL)    HAVING    COME    UP    FOR
ADMISSION     ON    16.10.2023,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.30778 of 2023
                                   -:3:-




                     BECHU KURIAN THOMAS, J.
                    --------------------------------------
                      W.P.(C).No.30778 of 2023
                    --------------------------------------
                Dated this the 16th day of October, 2023


                              JUDGMENT

Petitioner is the owner of 13.35 Ares of land in Survey

Nos. 347/2-8, 398/1-3 and 398/1-4 of Killannur Village, Thrissur

Taluk, Thrissur 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.P3.

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

15.07.2023, 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 a 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 Sri. Shakthi prakash, 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 W.P.(C).No.30778 of 2023

bound manner.

5. Accordingly, there will be a direction to the 4th respondent

to submit a report as contemplated under Rule 4(e) of the Rules

within a period of 60 days 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 timelines specified above shall be strictly complied

with by the respective officers.

The writ petition is disposed of accordingly.

Sd/-

BECHU KURIAN THOMAS JUDGE

Jka/16.10.23.

W.P.(C).No.30778 of 2023

APPENDIX OF WP(C) 30778/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 04.05.2023.

Exhibit P2                 TRUE COPY OF THE RELEVANT PAGES OF
                           PUBLISHED       DATA       BANK       OF
                           MULAMKUNNATHUKAVU    GRAMA    PANCHAYATH
                           DATED 16.01.2021.

Exhibit P3                 TRUE COPY OF THE FORM 5 APPLICATION
                           DATED   15.07.2023  SUBMITTED   BY  THE

PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 15.07.2023 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION.