Bino Mathew vs State Of Kerala
2023 Latest Caselaw 10264 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. 30779 OF 2023
PETITIONER :


          BINO MATHEW, AGED 52 YEARS,
          S/O MATHEW, KUNNIL HOUSE, MARAMON.P.O.,
          THOTTAPUZHASSERY VILLAGE, THIRUVALLA,
          PATHANAMTHITTA, PIN - 689 549

          BY ADV GIKKU JACOB


RESPONDENTS :


    1     STATE OF KERALA, REPRESENTED BY SECRETARY TO
          GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001

    2     REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE
          DIVISIONAL OFFICER, REVENUE TOWER,
          THIRUVALLA.P.O., THIRUVALLA, PATHANAMTHITTA,
          PIN - 689 101

    3     TAHSILDAR, TALUK OFFICE, THRUVALLA,
          REVENUE TOWER, THIRUVALLA.P.O., THIRUVALLA,
          PATHANAMTHITTA, PIN - 689 101

    4     LOCAL LEVEL MONITORING COMMITTEE,
          REPRESENTED BY AGRICULTURE OFFICER, KRISHI BHAVAN,
          THOTTAPUZHASSERY, THOTTAPUZHASSERY.P.O., MARAMON,
          THIRUVALLA, PATHANAMTHITTA, PIN - 689 549

    5     VILLAGE OFFICER,
          THOTTAPPUZHASSERY VILLAGE OFFICE,
          THOTTAPPUZHASSERY.P.O., PATHANAMTHITTA,
          PIN - 689 550

          BY SMT.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:
 WP(C) NO. 30779 OF 2023
                                     2

                     BECHU KURIAN THOMAS, J.
                     =-=-=-=-=-=-=-=-=-=-=-=-=-=
                        W.P.(C) No.30779 of 2023
                     =-=-=-=-=-=-=-=-=-=-=-=-=-=
                Dated this the 21st day of September, 2023


                                JUDGMENT

Petitioner is the owner of 28 Ares of land in Survey No.63/7 in

Block No.23 of Thottapuzhassery Village, Thiruvalla Taluk. 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.P4.

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

24.06.2022, neither the report has 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. Therefore, there will be a

direction to the competent Agricultural Officer having jurisdiction over the

Thottapuzhassery Village, Thiruvalla Taluk to submit a report as per the

Rules.

WP(C) NO. 30779 OF 2023

4. Having heard Ad.Gikku Jacob, appearing 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 decision on

Ext.P4 application in a time bound manner.

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

Agricultural Officer having jurisdiction over Thottapuzhassery Village,

Thiruvalla Taluk 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 2 nd

respondent shall take a decision on Ext.P4 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.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 30779 OF 2023

APPENDIX OF WP(C) 30779/2023

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE PARTITION DEED NO.1121/2013 OF ARANMULA S.R.O. DATED 9.9.2013 EXECUTED BY OMANA MATHEW @ ANNAMMA MATHEW IN FAVOUR OF PETITIONER AND BINITHA JOSEPH

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT NO.KL03051203841/2022 DATED 8.6.2022 ISSUED 5TH RESPONDENT

Exhibit P3 TRUE COPY OF RELEVANT PAGE OF DATA BANK OF KRISHI BHAVAN, THATTAPUZHASSERY WITH RESPECT TO SUBJECT LAND

Exhibit P4 TRUE COPY OF FORM 5 APPLICATION DATED 24.06.2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P4(a) TRUE COPY OF THE RECEIPT NO.KL03051203874/2022 DATED 9.6.2022 FOR PAYMENT OF EXHIBIT-P4 APPLICATION FEES GENERATED FROM THE SITE OF REVENUE DEPARTMENT