Kerala High Court
John Davis vs The Revenue Divisional Officer on 16 October, 2023
WP(C) NO. 33649 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. 33649 OF 2023
PETITIONER/S:
JOHN DAVIS
AGED 77 YEARS
S/O DEVASSY, MANJALI HOUSE, KORATTY POST, KIZHAKKUMURI
THRISSUR, PIN - 680308
BY ADVS.
ASOK KUMAR K.P.
GENTLE C.D.
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE RDO, CIVIL STATION, AYYANTHOLE,THRISSUR, PIN
- 680003
2 THE LOCAL LEVEL MONITORING COMMITTEE
THRISSUR MUNICIPAL CORPORATION, REPRESENTED BY ITS CONVENER
AND AGRICULTURAL OFFICER, PIN - 680001
3 THE AGRICULTURAL OFFICER
OLLUKARA KRISHI BHAVAN, OLLUKARA, MANNUTHI P.O., THRISSUR
DISTRICT, PIN - 680651
SMT.DEEPA N. (GP)
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. 33649 OF 2023
2
BECHU KURIAN THOMAS, J.
========================
W.P.(C)No.33649 of 2023
------------------------------------------------
Dated this the 16th day of October 2023
JUDGMENT
Petitioner is the owner of an extent of 4.5 Ares of land in Survey
No.794/2-3 of Block No.66 of Ollukkara Village, Thrissur Taluk, Thrissur
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.P5
2. According to him, though the application was filed on
07.03.2023 neither has the report been submitted by the Agricultural
Officer nor has any decision been taken by the 1st 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. Therefore, there will be a direction to
the 3rd respondent to submit a report as per the Rules.
4. Having heard Sri Asok Kumar P.Kodath, 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.P5 application in a time bound manner.
5. Accordingly, there will be a direction to the 3rd respondent to
submit a report as contemplated under Rule 4(e) of the Rules, within a
WP(C) NO. 33649 OF 2023
period of two months from the date of receipt of a copy of this judgment.
Pursuant to receipt of the said report, the 1st respondent shall take a
decision on Ext.P5 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. 33649 OF 2023
APPENDIX OF WP(C) 33649/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE DOCUMENT NO. 1827/1996 DATED
17.04.1996 OF OLLUKKARA SUB REGISTRY
Exhibit P-2 TRUE COPY OF THE RECEIPT NO.37894/3789375 DATED
07.06.2022
Exhibit P- 3 TRUE COPY OF THE KLU ORDER DATED 04.08.1984
Exhibit P-4 TRUE COPY OF THE RELEVANT PAGES OF THE DATA
BANK NOTIFIED BY THE 2ND RESPONDENT FOR
THRISSUR MUNICIPAL CORPORATION IN RESPECT OF
OLLUKKARA VILLAGE
Exhibit P-5 TRUE COPY OF THE APPLICATION DATED 07.03.2023
TO THE 1ST RESPONDENT
Exhibit P-6 TRUE COPY OF THE ORDER NO. 3710/2023 DATED
28.07.2023
Exhibit P-7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
IN NIYAS V. DISTRICT COLLECTOR [2023(2) KLT
411]
Exhibit P- 8 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE GROUND
REALITY OF THE LAND
Exhibit P-9 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
IN JAFFARKHAN VS KUNJUMARAKKAR [2012 (1) KHC
523]
Exhibit P-10 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
IN APARNA SASI MENON V. REVENUE DIVISIONAL
OFFICER, IRINJALAKKUDA [2023 (6) KHC 83]
