Kerala High Court
Sree Ganesh vs The District Collector on 7 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
WP(C) NO.4531 OF 2024
PETITIONERS:
1 SREE GANESH, AGED 55 YEARS
S/O GOPALA KAIMAL, KUMARA MANGALAM, CHERIYANAD,
CHENGANOOR, ALAPPUZHA, PIN - 689511
2 SREELAJA N UNNITHAN, AGED 52 YEARS
W/O SREE GANESH, KUMARA MANGALAM, CHERIYANAD,
CHENGANOOR, ALAPPUZHA, PIN - 689511
BY ADVS.
RAFEEK. V.K.
SAIJO HASSAN
R.RAJASREE (CHUTTIMATTATHIL)
U.M.HASSAN
SALMAN FARIS
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, PALAKAD, KENATHUPARAMBU,
KUNATHURMEDU, PALAKKAD, PIN - 678013
2 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL
OFFICER, KRISHIBAVAN PIRAYIRI GRAMA PANCHAYAT,
PALAKKAD, PIN - 678004
3 REVENUE DIVISIONAL OFFICER
PARAKKUNNAM,VIDYUT NAGAR, PALAKKAD, PIN - 678001
BY SMT.K.AMMINIKUTTY, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.4531 of 2024 2
JUDGMENT
The petitioners are the owners in possession
of an extent of 47.48 Ares of land comprised in
Survey Nos.243/5, 243/12 and 243/33 of Block No.20
of Pirayiri Village, Palakkd Taluk, Palakkad
District.
2. The petitioners have approached this Court
seeking a direction to the 3rd respondent, the
Revenue Divisional Officer, to consider and
dispose of Ext.P4 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.P4 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.
4. Having heard the learned counsel for the
petitioners and the learned Government Pleader,
this writ petition is disposed of directing the
Agricultural Officer cocerned 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.P4 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 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, the RDO shall dispose of Ext.P4 within
the time limit specified earlier. The petitioner
shall produce a copy of the judgment, along with a
copy of the writ petition, before the Agricultural
Officer concerned for due compliance.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
sp/07/02/2024
APPENDIX
PETITIONER'S EXHIBITS:-
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
25.04.2023
Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGES OF
THE DATA BANK DATED 24.03.2012 PREPARED
BY THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE FRONT PAGE OF THE KERALA
GAZETTE NO.595/09/GP-43 DATED 24.03.2012
Exhibit P4 TRUE COPY OF THE APPLICATION DATED
04.12.2023 AND ITS RECEIPT OF FEE
SUBMITTED BY THE PETITIONERS BEFORE THE
3RD RESPONDENT UNDER SECTION 5(4) (D) OF
THE KERALA CONSERVATION OF THE PADDY LAND
AND WET LAND ACT 2008
Exhibit P5 THE TRUE COPY OF THE KSREC REPORT NO.A/
172/2015/KSREC/016944/18 DATED 13.11.2019
Exhibit P6 THE TRUE COPY OF THE KSREC REPORT NO.A/
172/2015/KSREC/016944/18 DATED 14.11.2019
