Jithesh N.K vs State Of Kerala
2023 Latest Caselaw 9905 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   THURSDAY, THE 14TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945
                       WP(C) NO. 23903 OF 2022
PETITIONER:

          C.RASHEED
          AGED 56 YEARS, S/O CHELLAPPAN RAWUTHAR,
          NEDIYATH HOUSE, NOORANAD, ALAPUZHA DISTRICT,
          NOW RESIDING AT FLAT NO. 402, SEVEN SEAS APARTMENT,
          T.D. ROAD, ERNAKULAM DISTRICT, PIN - 682011.
          BY ADVS.
          P.K.SOYUZ
          E.V.BABYCHAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY,
          REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANATHAPURAM AGS P.O.,
          THIRUVANATHAPURAM, PIN -695001.
    2     THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR
          REVENUE DIVISIONAL OFFICE, FORT KOCHI, FORT KOCHI P.O.,
          ERNAKULAM DISTRICT, PIN - 682001.
    3     AGRICULTURAL OFFICER,
          KRISHI BHAVAN, EDATHALA, EDATHALA P.O, ALUVA,
          ERNAKULAM DISTRICT, PIN - 683561.
    4     THE VILLAGE OFFICER
          ALUVA EAST VILLAGE, ALUVA TALUK,
          ERNAKULAM DISTRICT, PIN - 683563.
OTHER PRESENT:

          SPL.GP S.RENJITH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.23903 of 2022               2




                   BECHU KURIAN THOMAS, J.
                 ====================
                    W.P.(C) No.23903 of 2022
                 ====================
             Dated this the 14th day of September, 2023


                             JUDGMENT

Petitioner is the owner of 02.55 Ares (6.30 Cents) of land in Re-

Survey No.323/6-4-3-2 in Block No.36 of Aluva East Village in Aluva

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.P11.

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

23.03.2023, neither has a report 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 Sri.Soyuz P.K., learned counsel for the

petitioner and Sri.Ranjit S., learned Special Government Pleader, I am

of the view that this writ petition can be disposed of with a direction

to take a decision on Ext.P11 application, in a time bound manner.

5. Accordingly, there will be a direction to the 3 rd respondent 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

(Revenue Divisional Officer/Sub Collector, Revenue Divisional

Office,Fort Kochi, Ernakulam District) shall take a decision on Ext.P11

application within four months thereafter. The timelines specified

above shall be strictly complied with by the respective officers.

6. The request of the petitioner for a direction to dispose of

Form 6, which is pending consideration, is deferred reserving the

liberty of the petitioner to approach this Court after appropriate

orders are issued on Form 5 application.

The writ petition is disposed of accordingly.

Sd/-

BECHU KURIAN THOMAS JUDGE Skk//16.09.2023

APPENDIX OF WP(C) NO.23903/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 6937 OF 2007 DATED 17.11.2007 OF ALUVA SRO.

EXHIBIT P2 TRUE COPY OF THE SALE DEED NO. 1427 OF 2008 DATED 12.03.2008 OF ALUVE SRO.

EXHIBIT P3 TRUE COPY OF THE RELEASE DEED NO.1081 OF 2019 DATED 29.03.2019 OF ALUVA SRO.

EXHIBIT P4 TRUE COPY OF THE APPLICATION IN FORM NO.6 DATED 30.03.2021.

EXHIBIT P5 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT RECEIPT DATED 31.03.2021.

EXHIBIT P6 TRUE COPY OF THE NOTIFICATION SRO NO.

369/21 DATED 25.02.2021.

EXHIBIT P7 TRUE COPY OF THE LETTER NO. REV-

P1/69/2022-REV DATED 07.05.2022 ISSUED BY THE PRINCIPAL SECRETARY TO THE LAND REVENUE COMMISSIONER.

EXHIBIT P8 TTRUE COPY OF THE LETTER SEND BY THE 2 ND RESPONDENT DATED 13.03.2023 EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK OF EDATHALA GRAMA PANCHAYATH EXHIBIT P10 TRUE COPY OF THE LAND TAX RECEIPT DATED 16.03.2023 EXHIBIT P11 TRUE COPY OF THE APPLICATION IN FORM NO. 5 DATED 23.03.2023 EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN WP (C) NO.

3538 OF 2023 DATED30.03.2023