Vishnu Prabha. A.A vs State Of Kerala
2023 Latest Caselaw 10245 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                   WP(C) NO. 31055 OF 2023




PETITIONER:

          VISHNU PRABHA. A.A
          AGED 26 YEARS
          S/O ANIL PRABHA.P.G.,
          8/13 D, AMRUTHA BHAVAN,
          NEAR BHAVANS VIDYA MANDIR,
          EROOR WEST P.O.,
          TRIPUNITHURA, PIN - 682306

          BY ADV R.REKHA


RESPONDENTS:

    1     STATE OF KERALA
          REP.BY SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE REVENUE DIVISIONAL OFFICER
          OFFICE OF THE RDO.,
          FORT KOCHI, PIN - 682001

    3     THE TAHSILDAR
          KANAYANNUR TALUK,
          ERNAKULAM, PIN - 682011

    4     THE VILLAGE OFFICER,
          POONITHURA VILLAGE OFFICE,
          VYTTILA, PIN - 682019
 W.P.(C).No.31055 of 2023
                                      -:2:-




              BY ADV
              DEVISHRI R
              GOVERNMENT PLEADER


       THIS    WRIT        PETITION   (CIVIL)    HAVING    COME    UP    FOR
ADMISSION      ON   21.09.2023,       THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.31055 of 2023
                                     -:3:-




                       BECHU KURIAN THOMAS, J.
                      --------------------------------------
                        W.P.(C).No.31055 of 2023
                     ---------------------------------------
                  Dated this 21st day of September, 2023


                                 JUDGMENT

Petitioner is the owner of 3.23 Ares of land in Re-Survey Nos.

964/1-2 and 964/1-9 of Poonithura 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.P8.

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

30.12.2022, 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 authorities,

therefore, have a legal duty to consider the said application in

accordance with law within a reasonable time.

4. Having heard Smt. R.Rekha, learned counsel for the petitioner

and Smt. Devishri.R., learned Government Pleader, I am of the view

that this writ petition can be disposed of with a direction to take a W.P.(C).No.31055 of 2023

decision on Ext.P8 application in a time bound manner.

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

Officer, having jurisdiction over Poonithura Village, Kanayannur Taluk,

Ernakulam District, 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.P8 application within four

months thereafter. The timelines specified above shall be strictly

complied with by the respective officers. Petitioner shall produce a

copy of this judgment before the Agricultural Officer concerned for due

compliance. If in case, the report has already been submitted by the

Agricultural Office, the 2nd respondent shall dispose of Ext.P8 within the

time limit specified from the date of receipt of a copy of this judgment.

The writ petition is disposed of accordingly.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/21.09.23.

W.P.(C).No.31055 of 2023

APPENDIX OF WP(C) 31055/2023

PETITIONER'S EXHIBITS

ExhibitP1 A TRUE COPY OF THE SALE DEED 2361/2022 DATED 31-10-2022 OF MARADU SUB REGISTRY.

ExhibitP2 A TRUE COPY OF THE LAND TAX RECEIPT NO.

KL07022019472 DATED 28-12-2022 ISSUED BY THE VILLAGE OFFICE, POONITHURA.

ExhibitP3 A TRUE COPY OF THE BUILDING TAX RECEIPT NO.07/12302102969 DATED 12-05-2023 ISSUED FROM KOCHI MUNICIPAL CORPORATION.

ExhibitP4 THE BUILDING CONSTRUCTION WAS STARTED IN THE YEAR 2004 AND THE BUILDING PERMIT DATED 5.9.2004 ISSUED FROM KOCHI CORPORATION.

ExhibitP5 THE OCCUPANCY CERTIFICATE DATED 25.9.2004 ISSUED FROM CORPORATION OF KOCHI.

ExhibitP6 A TRUE COPY OF THE EDUCATIONAL LOAN FROM THE UNION BANK OF INDIA, VYTILLA BRANCH LOAN RECORD NO 13501 DATED 04-10-2021.

ExhibitP7 A TRUE COPY OF THE DATA BANK NOTIFIED THROUGH KERALA GAZETTE DATED 22-02-2021.

ExhibitP8 A TRUE COPY OF THE APPLICATION IN FORM NO.5 SUBMITTED BY THE PETITIONER AS AN APPLICATION NO. 11/2022/88592 DATED 30- 12-2022 TO THE 2ND RESPONDENT.

ExhibitP9 A TRUE COPY OF THE REPORT SUBMITTED BY THE AGRICULTURAL OFFICER, VYTILLA, DATED 13-04-2023.

ExhibitP10 A TRUE COPY OF THE APPLICATION DATED 05-

 W.P.(C).No.31055 of 2023




                           05-2023 SUBMITTED BY THE      PETITIONER
                           BEFORE THE 2ND RESPONDENT.

ExhibitP11                 A TRUE COPY OF THE APPLICATION OF ONLINE
                           STATUS DATED 12-09-2023