Anwar Shakeeb vs The District Collector
2024 Latest Caselaw 4687 Ker

Kerala High Court

Anwar Shakeeb vs The District Collector 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. 4265 OF 2024
PETITIONER:

          ANWAR SHAKEEB
          AGED 36 YEARS
          S/O. ABDUL AZEEZ,
          KANDAMKULANGARA HOUSE, THRIKKALAYOOR,
          KIZHUPARAMBA, MALAPPURAM, PIN - 673639

          BY ADVS.
          FARHANA K.H.
          AMJATHA D.A.
          MUHASIN K.M.


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTRATE ROAD, UP HILL,
          MALAPPURAM, PIN - 676505

    2     THE REVENUE DIVISIONAL OFFICER
          PERINTHALMANNA REVENUE DIVISIONAL OFFICE,
          SHORNUR-PERINTHALMANNA ROAD, SHANTI NAGAR,
          PERINTHALMANNA, MALAPPURAAM, PIN - 679322

    3     THE TAHSILDAR
          ERNADU TALUK OFFICE,
          THALUK OFFICE ROAD,
          VELLARANGAL, MANJERI,
          MALAPPURAM, PIN - 676517

    4     THE AGRICULTURAL OFFICER
          KIZHUPARAMBA KRISHIBHAVAN,
          KIZHUPARAMBA - KUTOOLI ROAD,
          KIZHUPARAMBA, MALAPPURAM, PIN - 673639

    5     THE DIRECTOR
          KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
          VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
          R BY SR.GP.SMT.AMMINIKUTTY
          R BY SRI.VISHNU S.CHEMPAZHANTHIYIL, SC

     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. 4265 OF 2024     : 2 :




                         JUDGMENT

The petitioner is the owner in possession of an

extent of 4.37 Ares of land comprised in Sy.No.14/6-1

of Kizhuparamba Village, Ernadu Taluk, Malappuram

District.

2. The petitioner has approached this Court

seeking a direction to the 2nd 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, the learned Government Pleader and the

learned Standing Counsel for the 5 th respondent, this

writ petition is disposed of directing the 4 th

Agricultural Officer 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. 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, the RDO shall dispose of Ext.P3

within the time limit specified earlier. The petitioner

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 SB

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO.

KL10011003083/2023 DATED 16.05.2023

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK OF KEEZHUPARAMBA GRAMA PANCHAYAT DATED 20-03-

Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 14.12.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE RECEIPT NO.

KL10011009802/2023 DATED 19.12.2023 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION