Vivek Prasannan, Represented By ... vs State Of Kerala
2023 Latest Caselaw 10852 Ker

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
    THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA,
                         1945
                WP(C) NO. 34426 OF 2023
PETITIONER:

        VIVEK PRASANNAN,
        AGED 43 YEARS
        S/O. V.K.PRASANNAN, C.C.23/1931, ASWATHY,
        BINNY ROAD, NEAR AZHAKIYAKAVU TEMPLE,
        PALLURUTHY, ERNAKULAM DISTRICT, PIN- 682 006,
        REPRESENTED BY POWER OF ATTORNEY HOLDER
        JISHA MATHEW, AGED 45 YEARS, C/O MATHEW,
        KKRRA 92, THRIVENI LANE, K.K.ROAD,
        CHEMBUMUKKU,
        THRIKKAKARA NORTH, ERNAKULAM DISTRICT- 682
        021.
        BY ADVS.
        M.B.SHYNI
        RAMEES P.K.
        RAJESH KUMAR R.
        V.R.ANILKUMAR
        SARAFUDHEEN T.
RESPONDENTS:

   1    STATE OF KERALA
        ,REPRESENTED BY ITS SECRETARY,
        DEPARTMENT OF REVENUE,
        GOVERNMENT SECRETARIAT,
        THIRUVANANTHAPURAM, PIN - 695 001.
   2    REVENUE DIVISIONAL OFFICER
        REVENUE DIVISION OFFICE, FORT KOCHI,
        ERNAKULAM DISTRICT., PIN - 682 001.
   3    THE VILLAGE OFFICER,
        VILLAGE OFFICE, KAKKANAD,
        ERNAKULAM., PIN - 682 030.
        SR.GP.K.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 34426 OF 2023

                                              2


                           BECHU KURIAN THOMAS, J
                     ......................................................
                             W.P.(C).No.34426 of 2023
                      ...................................................
                    Dated this the 19th day of October, 2023


                                      JUDGMENT

Petitioner is the owner of 10.11 Ares of property in Re-survey

No.555/8 of Kakkanad 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.P5.

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

01.06.2023, neither has the report been submitted by the

Agricultural Officer nor has any decision been taken by the

second 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 Competent Agricultural WP(C) NO. 34426 OF 2023

Officer, Kakkanad Village, to submit a report as per the Rules.

4. Having heard Sri.M.B.Shyni, 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.P5 application in a time

bound manner.

5. Accordingly, there will be a direction to the Competent

Agricultural Officer, Kakkanad 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 second 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 AMV/19/10/2023 WP(C) NO. 34426 OF 2023

APPENDIX OF WP(C) 34426/2023

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO. 2966 / 2005 OF THRIKKAKARA SUB REGISTRAR OFFICE, ERNAKULAM DATED 24/06/2005 EXHIBIT P2 A TRUE COPY OF THE BASIC TAX RECEIPT FOR THE ABOVE PROPERTY ISSUED BY THE VILLAGE OFFICER, KAKKANAD DATED 01.06.2023 EXHIBIT P3 A TRUE COPY OF THE POSSESSION CERTIFICATE FOR THE ABOVE PROPERTY ISSUED BY THE VILLAGE OFFICER, KAKKANAD DATED 13.01.2023 EXHIBIT P4 A TRUE COPY OF THE RELEVANT PAGE OF THE DATABANK DATED 03/02/2021 EXHIBIT P5 A TRUE COY OF THE APPLICATION (NO.3/2023/115471) SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 01/06/2023 TRUE COPY