Kerala High Court
Merikutti Kizhakekara vs The District Collector on 15 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 3889 OF 2024
PETITIONER:
MERIKUTTI KIZHAKEKARA
AGED 82 YEARS
W/O. LATE MATHEW, KIZHAKKEKARA HOUSE, KANHIRAPUZH P.O.,
MANNARKKAD, PALAKKAD, NOW RESIDING AT 6905, CANNON
FALLS DR, PLANO, TX-75024 U S A, REPRESENTED BY HER
POWER OF ATTORNEY HOLDER JOMY GEORGE, AGED 49 YEARS,
S/O GEORGE, RESIDING AT KALLARAKKAL MALIYEKKAL HOUSE,
POOCHOLA P O, MANNARKKAD, PALAKKAD, PIN - 678598
BY ADV MUHASIN K.M.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD,
PIN - 678013
2 THE REVENUE DIVISIONAL OFFICER
OTTAPPALAM REVENUE DIVISIONAL OFFICE, OTTAPALAM,
PALAKKAD, PIN - 679101
3 THE TAHSILDAR
MANNARKKAD TALUK OFFICE, MANNARKKAD, PALAKKAD, PIN -
678582
4 THE VILLAGE OFFICER
POTTASSERY I VILLAGE OFFICE, KANJIARAM, POTTASSERY
P.O., PALAKKAD, PIN - 678598
5 THE AGRICULTURAL OFFICER
POTTASSERI KRISHI BHAVAN, POTTASSERI ,PALAKKAD, PIN -
678598
OTHER PRESENT:
SR.GP.SMT.K.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3889 OF 2024
2
JUDGMENT
The petitioner is the absolute owner and possession of
an extent of 1 Hector 2 Areas of land, out of which 61.86
Ares is comprised in Survey No.114/1B-1, 3.43 Ares is
comprised in Survey No.114/6A1-3, 25.59 Ares is comprised
in Survey No.205/1-4 and 5.22 Ares is comprised in Survey
No.205/3-7 in Pottasseri Village, Mannarkakd Taluk of
Palakkad District.
2. The petitioner has approached this Court seeking
a direction to the 2nd 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
WP(C) NO. 3889 OF 2024
petitioner, the learned Standing Counsel and the learned
Government Pleader, this writ petition is disposed of
directing the 4th respondent, the Village 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.P4 application,
as expeditiously as possible, at any rate, within a period of
three months from the date of receipt of the report from the
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 Village 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 Village Officer
concerned for due compliance.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
bng
WP(C) NO. 3889 OF 2024
APPENDIX OF WP(C) 3889/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POWER OF ATTORNEY
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
14.12.2023
Exhibit P3 TRUE COPY OF THE EXTRACT OF THE
RELEVANT PAGES OF DATA BANK OF
KANJIRAPUZHA GRAMA PANCHAYATH DATED 07-
04-2018
Exhibit P4 TRUE COPY OF THE FORM 5 APPLICATION
DATED 16.01.2024 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P5 TRUE COPY OF THE RECEIPT DATED
16.01.2024 EVIDENCING THE PAYMENT OF
FEE FOR FORM 5 APPLICATION
