Kerala High Court
K P Omanakuttan vs State Of Kerala 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. 2596 OF 2024
PETITIONERS:
1 K. P OMANAKUTTAN
AGED 64 YEARS
JAYASAI BHAVAN, T C 3/1546-1,
N S P NAGAR, KESAVADASAPURAM P.O,
THIRUVANANTHAPURAM, PIN - 695 004.
2 SURESH KUMAR C. R
AGED 56 YEARS
T.C 6/1031(2), THURVICKAL P.O,
THIRUVANANTHAPURAM, PIN - 695 011.
BY ADV AMRUTHA SURESH
RESPONDENTS:
1 STATE OF KERALA
THROUGH SECRETARY, REVENUE DEPARTMENT,
REPRESENTED BY GOVERNMENT PLEADER,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE REVENUE DIVISIONAL OFFICER
RDO OFFICE, FIRST FLOOR,
KB JACOB ROAD, FORT KOCHI,
KOCHI, PIN - 682 001.
SMT. DEVISREE - GP
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.2596 OF 2024
2
JUDGMENT
The petitioners are the owners in possession of an
extent of 1.55 Ares in Sy. Nos.36/1-14-2 and 36/2-3-2 of
Ernakulam Village, Kanayannur Taluk, Ernakulam
District.
2. The predecessor-in-interest of the petitioners
submitted Form 5 application before the 2 nd Revenue
Divisional Officer. Ext.P5 is the application status of the
said Form 5 application.
3. Further, the learned Government Pleader also
submits that the application submitted by the
petitioners in Form 5 of filed under Rule 4(d) of the
Kerala Conservation of Paddy land and Wetland Rules,
2008 (hereinafter referred to as 'the Rules') is pending
before the Revenue Divisional Officer.
4. Being a statutory application under the Rules,
the competent authorities have a bounden duty to
consider Form 5 application filed by the petitioner in
accordance with law.
Having heard the learned counsel for the
WP(C).No.2596 OF 2024
petitioners and the learned Government Pleader, this
writ petition is disposed of directing the Agricultural
Officer concerned 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 the Form 5
application, as expeditiously as possible, at any rate,
within a period of three months from the date of receipt
of the report from the Agricultural Officer concerned.
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,
concerned, the RDO shall dispose of Form 5 application
within the time limit specified earlier. The petitioners
shall produce a copy of this judgment along with a copy
of the writ petition before the Agricultural Officer
concerned for due compliance.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C).No.2596 OF 2024
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 A COPY OF THE SALE DEED NO.2974/2023
DATED 07/09/2023.
EXHIBIT P2 A COPY OF THE TAX RECEIPT DATED
16/10/2023.
EXHIBIT P3 A COPY OF REPORT NO. KBC10/2023-24 DATED
11/08/2023.
EXHIBIT P4 A COPY OF THE REPRESENTATION TO THE 2ND
RESPONDENT DATED 27/09/2023.
EXHIBIT P5 A COPY OF THE APPLICATION STATUS OF
APPLICATION NO.57/2022/1145142 DOWNLOADED
FROM THE OFFICIAL WEBSITE OF THE REVENUE
DEPARTMENT.
RESPONDENTS EXHIBITS: NIL.
