Abdul Rab V vs The District Collector
2023 Latest Caselaw 10041 Ker

WP(C) NO. 30334 OF 2023
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                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                            WP(C) NO. 30334 OF 2023
PETITIONER/S:

              ABDUL RAB V
              AGED 47 YEARS
              S/O, CHEKKU VATTEKKATTU HOUSE, KOLALAMB P.O.,EDAPPAL
              KOZHIKODE, PIN - 679576
              BY ADVS.
              BINIYAMIN K.S.
              T.M.NEZLA


RESPONDENT/S:

     1        THE DISTRICT COLLECTOR
              COLLECTORATE, UP HILL, MALAPPURAM, PIN - 676505
     2        THE REVENUE DIVISIONAL OFFICER
              TIRUR REVENUE DIVISIONAL OFFICE, TIRUR-THRIKANDIYOOR RD.
              MALAPPURAM, PIN - 676101
     3        THE TAHSILDAR
              PONNANI TALUK OFFICE, PONNANI, PONNANI NAGARAM P.O
              MALAPPURAM, PIN - 679583
     4        VILLAGE OFFICER
              EDAPPAL VILLAGE OFFICE UDINIKKARA ROAD, EDAPPAL MALAPPURAM,
              PIN - 679576
     5        THE AGRICULTURAL OFFICER
              EDAPPAL KRISHIBHAVAN EDAPPAL MALAPPURAM-, PIN - 679576
OTHER PRESENT:

              SR.GP SMT.K.AMMINIKUTTY


     THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30334 OF 2023
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                       BECHU KURIAN THOMAS, J.
                 ========================
                        W.P.(C)No.30334 of 2023
                 ------------------------------------------------
                        Dated this the 18th day of September 2023


                                   JUDGMENT

Petitioner is the owner and in possession of 2 Ares 6347 Sq.m. of

property comprised in Survey No.118/2-18 of Edappal village in Ponnani

Taluk, Malappuram 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

29.07.2022, neither the report has 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 a statutory

application as per Rule 4(d) of the Rules. The competent authority,

therefore, has a legal duty to consider the said application in accordance

with law within a reasonable time.

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

petitioner and Smt.Amminikutty.K, 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 WP(C) NO. 30334 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 the receipt of the said report, the 2 nd respondent shall take a

decision on Ext.P3 application within four months thereafter. The timeline

stipulated above shall be strictly complied with by the respondent

concerned.

The writ petition is disposed of accordingly.

BECHU KURIAN THOMAS JUDGE jm/ WP(C) NO. 30334 OF 2023

APPENDIX OF WP(C) 30334/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT NO.KL10030204446/2023 DATED 12.05.2023 Exhibit P2 THE TRUE COPY OF THE PUBLISHED DATA BANK OF EDAPPAL GRAMA PANCHAYTH Exhibit P3 THE TRUE COPY OF THE APPLICATION IN FORM 5 DATED 29.07.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT THROUGH ONLINE