Joe Joseph vs The Revenue Divisional Officer
2023 Latest Caselaw 9657 Ker

WP(C) NO. 29438 OF 2023
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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                           WP(C) NO. 29438 OF 2023
PETITIONER/S:

             JOE JOSEPH
             AGED 43 YEARS
             S/O.K.V.JOSEPH THANAKANDATHIL HOUSE, VETTUVENI, HARIPAD,
             KARTHIKAPPILLY, ALAPPUZHA- 690514, NOW RESIDING AT
             THANAKANDATHIL, CHETHIPUZHA, CHANGANACHERRY, INDUSTRIAL
             NAGAR, KOTTAYAM., PIN - 686106
             BY ADVS.
             BRIJESH MOHAN
             RESMI G. NAIR
             D.SREEKUMAR (KALAMASSERY)
             T.S.ATHIRA
             SACHIN RAMESH
             AKASH JOSHI


RESPONDENT/S:

     1       THE REVENUE DIVISIONAL OFFICER
             REVENUE DIVISIONAL OFFICE, FORT KOCHI, KOCHI., PIN - 682001
     2       THE VILLAGE OFFICER,
             NEDUMBASSERY VILLAGE, ERNAKULAM., PIN - 683589
     3       THE LOCAL LEVEL MONITORING COMMITTEE
             NEDUMBASSERY GRAMA PANCHAYAT, KARIYAD, MEKKAD.P.O,
             ERNAKULAM , REPRESENTED BY ITS CONVENOR., PIN - 683589
     4       THE AGRICULTURAL OFFICER
             KRISHI BHAVAN, NEDUMBASSERY, COCHIN., PIN - 683589

             SMT.AMMINIKUTTY.K. (GP)
     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29438 OF 2023
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                      BECHU KURIAN THOMAS, J.
                ========================
                       W.P.(C)No.29438 of 2023
                ------------------------------------------------
                       Dated this the 8th day of September 2023

                                   JUDGMENT

Petitioner is the owner of various extent of lands. Petitioner alleges

that he had filed an application in Form 5 under Rule 12(1) of 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.P6

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

03.12.2022, neither the report has 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 authority,

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

with law within a reasonable time, provided it has been submitted along

with all supporting documents and the prescribed fee.

4. Having heard Sri.Brijesh Mohan, 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.P6 application in a time bound manner.

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

Officer the 4th respondent to submit a report as contemplated under Rule WP(C) NO. 29438 OF 2023

4(e) of the Rules within a period of 60 days from the date of receipt of a

copy of this judgment. Pursuant to the receipt of the said report, the 1 st

respondent shall take a decision on Ext.P6 application within three

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. 29438 OF 2023

APPENDIX OF WP(C) 29438/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 9-1-2015 REMITTING THE TAX FOR 2014-2015.

Exhibit P1(a) TRUE COPY OF THE TAX RECEIPT FOR 2022-2023 DATED 2-12-2022.

Exhibit P2 TRUE COPY OF THE SALE DEED NO.2955/08 DATED 8-

5-2008.

Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED 5.1.2015 OF ENCUMBRANCE IN RESPECT OF THE PROPERTY COVERED BY EXT.P2.

Exhibit P4 TRUE COPY OF THE LOCATION SKETCH DATED 9-1-2015 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE PROPERTY COVERED BY EXT.P2.

Exhibit P5 TRUE COPY OF THE BUILDING PERMIT NO.A5-402/08-

09 DATED 18-4-2008 ISSUED BY NEDUMBASSERY GRAMA PANCHAYAT.

Exhibit P6 TRUE COPY OF THE APPLICATION DATED 3-12-2022 SUBMITTED BY THE PETITIONER IN FORM 5 BEFORE THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE APPLICATION STATUS RECEIVED ONLINE.