Kerala High Court
Muhammed Riyas vs The Revenue Divisional Officer on 6 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 4449 OF 2024
PETITIONER:
MUHAMMED RIYAS
AGED 38 YEARS
S/O. MOIDEENKOYA, MANJARODAN HOUSE,
SIYAMKANDAM, PULIKKAL P.O,
MALAPPURAM, PIN - 673637
BY ADV AJMAL P.
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
PERINTHALMANNA, MALAPPURAM DISTRICT,
KERALA, PIN - 679322
2 THE VILLAGE OFFICER
PALLIKAL VILLAGE, KONDOTTY TALUK,
MALAPPURAM DISTRICT, PIN - 673638
3 THE AGRICULTURAL OFFICER
FOR THE PALLIKAL VILLAGE, KONDOTTY TALUK,
MALAPPURAM DISTRICT, PIN - 673638
4 THE LOCAL LEVEL MONITORING COMMITTEE
FOR THE PALLIKAL VILLAGE
CONSTITUTED UNDER THE CONSERVATION
OF PADDY LAND AND WETLAND ACT, 2008,
REPRESENTED BY ITS CONVENER,
THE AGRICULTURAL OFFICER,
PALLIKAL VILLAGE, KONDOTTY TALUK,
MALAPPURAM DISTRICT, PIN - 673638
R BY SR.GP SMT.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4449 OF 2024 : 2 :
JUDGMENT
The petitioner is the owner in possession of an
extent of 04 Ares and 76 square metres of land
comprised in Block No.011, Re.Sy.No.97/1-1 of
Pallikal Village, Kondotty Taluk, Malappuram
District.
2. The petitioner has approached this Court
seeking a direction to the 1 st respondent, RDO to
consider and dispose of Ext.P3 application in Form
5 filed under Rule 4(d) of the Kerala Conservation
of Paddy land and Wetland Rules, 2008 (hereinafter
referred to as 'the Rules').
3. Ext.P3 being a statutory application under
the Rules, the competent authorities have a
bounden duty to consider the same in accordance
with law within a reasonable time.
Having heard the learned counsel for the
petitioner and the learned Government Pleader, this
writ petition is disposed of directing the
Agricultural Officer/Village Officer, as the case may
be, to submit a report as contemplated under Rule
4(e) of the Rules to the RDO within two months
from the date of receipt of a copy of this judgment.
The RDO shall dispose of Ext.P3 application, as
expeditiously as possible, at any rate, within a
period of two months from the date of receipt of
the report from the Agricultural Officer/Village
Officer. The timelines as above shall be strictly
complied with by the respective officers. In case the
report has already been submitted by the
Agricultural Officer/ Village Officer , the RDO shall
dispose of Ext.P3 within the time limit specified
earlier. The petitioner shall produce a copy of this
judgment before the Agricultural Officer/Village
Officer concerned for due compliance.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DT.11-04-2023
ISSUED BY THE VILLAGE OFFICER, PALLIKAL
VILLAGE, KONDOTTY TALUK, MALAPPURAM
DISTRICT.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT
DATA BANK.
Exhibit P3 A TRUE COPY OF THE APPLICATION DT.22-05-
2023, NUMBERED AS 3/2023/1553879, SUBMITTED
BY THE PETITIONER BEFORE THE 3RD RESPONDENT
U/S 5 (4) (I) OF THE KERALA CONSERVATION OF
PADDY LAND AND WET LAND ACT, 2008, SEEKING
TO REMOVE THE PROPERTY FROM THE LAND DATA
BANK FOR THE PALLIKAL VILLAGE, KONDOTTY
TALUK, MALAPPURAM DISTRICT.
Exhibit P4 TRUE COPY OF NOTICE DT.06-03-2023.
Exhibit P5 TRUE COPY OF WRITTEN STATEMENT DT.10-04-
2023.
