Geetha Sherry Lukose vs The State Of Kerala
2024 Latest Caselaw 5227 Ker

Kerala High Court

Geetha Sherry Lukose vs The State Of Kerala 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. 5699 OF 2024
PETITIONER:

            GEETHA SHERRY LUKOSE
            AGED 68 YEARS
            25/2584A, VETTEEL HOUSE, CHILAVANNOOR ROAD,
            KADAVANTHARA P.O, KADAVANTHARA,
            ERNAKULAM, PIN - 682 020.

            BY ADVS.
            JOJU KYNADY
            SAURAV SHAJI
            VINAYAK C.S.


RESPONDENTS:

    1       THE STATE OF KERALA
            DEPARTMENT OF AGRICULTURE DEVELOPMENT AND
            FARMERS' WELFARE, VIKAS BHAVAN
            THIRUVANANTHAPURAM
            REPRESENTED BY ITS SECRETARY,
            PIN - 695 033.
    2       THE REVENUE DIVISIONAL OFFICER - FORT KOCHI
            1ST FLOOR BASTION BUNGALOW,
            K.B. JACOB ROAD, FORT KOCHI,
            COCHIN, PIN - 682 001.
    3       THE AGRICULTURAL OFFICER
            KRISHI BHAVAN, CORPORATION ZONAL BUILDING
            VYTILLA P O, COCHIN,
            PIN - 682 019.

            SR.GP. - SMT. 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.5699 OF 2024

                                    2



                              JUDGMENT

The petitioner is the absolute owner in

possession of an extent of 10.12 Ares of land

comprised in Sy. No.557/3-3 of Elamkulam Village,

Kanayannur Taluk, Ernakulam 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 the 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 WP(C).No.5699 OF 2024

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 three 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 for due compliance.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.5699 OF 2024

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF SALE DEED NO. 1767/90 DATED 19.05.1990.

EXHIBIT P2 TRUE COPY OF LAND TAX RECEIPT DATED 18.10.2019.

EXHIBIT P3 TRUE COPY OF FORM 5 DATED 11.06.2022.

RESPONDENTS EXHIBITS: NIL.